Section 129D - Powers of Committee of [Principal Commissioner of Customs or] Chief Commissioners of Customs or [Principal Commissioner of Customs or] Commissioner of Customs to pass certain orders - Customs Act, 1962

SECTION 129D. Powers of Committee of 5 [Principal Chief Commissioners of Customs or] Chief Commissioners of Customs or 5 [ Principal Commissioner of Customs or] Commissioner of Customs to pass certain orders. - (1) The Committee of 5 [Principal Chief Commissioners of Customs or] Chief Commissioners of Customs may, of its own motion, call for and examine the record of any proceeding in which a 5 [Commissioner of Customs or] Commissioner of Customs as an adjudicating authority has passed any decision or order under this Act for the purpose of satisfying itself as to the legality or propriety of any such decision or order and may, by order, direct such Commissioner or any other Commissioner to apply to the Appellate Tribunal for the determination of such points arising out of the decision or order as may be specified by the Committee of 5 [Principal Chief Commissioners of Customs or] Chief Commissioners of Customs in its order. 1 [Provided that where the Committee of 5 [Principal Chief Commissioners of Customs or] Chief Commissioners of Customs differs in its opinion as to the legality or propriety of the decision or order of the 5 [Principal Commissioner of Customs or] Commissioner of Customs, it shall state the point or points on which it differs and make a reference to the Board which, after considering the facts of the decision or order passed by the 5 [Principal Commissioner of Customs or] Commissioner of Customs, if is of the opinion that the decision or order passed by the 5 [Principal Commissioner of Customs or] Commissioner of Customs is not legal or proper, may, by order, direct such Commissioner or any other Commissioner to apply to the Appellate Tribunal for the determination of such points arising out of the decision or order, as may be specified in its order. ] (2) The 5 [Principal Commissioner of Customs or] Commissioner of Customs may, of his own motion, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order under this Act for the purpose of satisfying himself as to the legality or propriety of any such decision or order and may, by order, direct such authority or any officer of Customs subordinate to him to apply to the Commissioner (Appeals) for the determination of such points arising out of the decision or order as may be specified by the 5 [Principal Commissioner of Customs or] Commissioner of Customs in his order. 2 [ (3) Every order under sub-section (1) or sub-section (2), as the case may be, shall be made within a period of three months from the date of communication of the decision or order of the adjudicating authority. ] 4 [ Provided that the Board may, on sufficient cause being shown, extend the said period by another thirty days. ] (4) Where in pursuance of an order under sub-section (1) or sub-section (2), the adjudicating authority or any officer of customs authorised in this behalf by the 5 [Principal Commissioner of Customs or] Commissioner of Customs, makes an application to the Appellate Tribunal or the Commissioner (Appeals) within a period of 3 [ one month] from the date of communication of the order under sub-section (1) or sub-section (2) to the adjudicating authority, such application shall be heard by the Appellate Tribunal or the Commissioner (Appeals), as the case may be, as if such application were an appeal made against the decision or order of the adjudicating authority and the provisions of this Act regarding appeals, including the provisions of sub-section (4) of section 129A shall, so far as may be, apply to such application. ---------------------- Notes : 1. Inserted by Finance Act, 2008, w.e.f. 10.5.2008. 2. Substituted by Finance Act, 2008, w.e.f. 10.5.2008. Before substitution it was read as under: (3) The Committee of Chief Commissioners of Customs or Commissioner of Customs, as the case may be, shall make order under sub-section (1) or sub-section (2) within a period of three months from the date of communication of the decision or order of the adjudicating authority. Earlier it was substituted by Finance Act, 2007, w.e.f. 11.5.2007. 3. Substituted for words three months by Finance Act, 2007, w.e.f. 11.5.2007. 4. Inserted vide THE FINANCE (No. 2) ACT, 2014. . 5. Inserted vide THE FINANCE (No. 2) ACT, 2014