2018 (6) TMI 342

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..... of delay is field for condoning the delay of six months and eighteen days in filing the appeal before the Tribunal against the Order-in-Original No: MUM-CUS(VRM- II)ASC/08/2016-17 dated 31/03/2017 passed by the Commissioner of Customs - II, Airport, Mumbai. 2.  Heard both the sides and perused the records. 3.  The adjudicating authority has passed the order-in-original by revoking the .....

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..... otice of the bench that this view was taken by the bench in the case of Bombino Express Pvt Ltd. v. Commissioner of Customs, Mumbai in final order No. A/86736/2016 dated 23/03/2016 and Aramex India Pvt Ltd v  Commissioner of Customs, Airport, Mumbai [2017 (357) ELT 420 (Tri-Mumbai)]. It is also his submission that though he does not have copy of the order, the order and judgment of the Tribun .....

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..... 6.  On perusal of the records, it is noticed that the appellant has given undertaking that they would prosecute the appeal only before the Tribunal and not before any other forum. On such an undertaking given by the appellant as well as the Counsel, I hold that the appeal is maintainable before the Tribunal and the delay which has occurred for prosecuting the appeal before the wrong forum i .....

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