2006 (3) TMI 402

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..... wal, DR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. This appeal is directed against the Order in appeal dated 14-3-2005 wherein the Commissioner (Appeals) has set aside the order in original, which dropped the proceedings initiated against the appellant. 2. The brief facts that arise for consideration are the appellant imported 488 leather jackets for repairs and re- .....

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..... 233 pieces were done by them within the period of six months subsequent to the period granted to them i.e. within the period of one year and dropped the proceedings initiated against them. The department was aggrieved by the said order in original preferred an appeal before the Commissioner (Appeals). The Commissioner (Appeals) came to the conclusion that power to grant extension of period under N .....

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..... port of the total goods. He submits that the power of extension of time though lies with the Commissioner of Customs, since they have completed their obligation, the authority should have extended the time period for re-exporting of the goods. 4. The learned DR on the other than submits that the appellant erred in fulfilling the conditions of Notification No. 158/95-Cus. It is his submission tha .....

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..... of 6 months as the Commissioner of customs may allow. 6. As can be seen from the above notification, only emphasis is the appellant has to re-export the goods within six months if they are not able to do so, such period can be extended but not exceeding further six months, which can be granted only by Commissioner of Customs. The appellants have produced a letter, which they have addressed to t .....

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..... horities below. In view of the above, I feel that the concerned Commissioner/Additional Commissioner should consider the application of the appellant for extension of period for the re-export of the goods imported by them under Notification No. 158/95-Cus. They should consider granting the extension of time post-facto and readjudicate the show cause notice. 8. The order in appeal is set aside an .....

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