Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Adhering to Procedural Norms: The Importance of Timely Filing of Cross Objections

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n the context of customs law. The focal point of the dispute is the adherence to the stipulated timeline and procedural requirements under the Customs Act for filing cross objections, which are critical in the appellate process. This commentary provides an in-depth analysis of the legal principles and judicial interpretations pertaining to this aspect. Legal Framework and Key Issues 1. Statutory .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ross objections within the stipulated 45 days, leading to procedural complexities and legal challenges​​. 3. Delay Condonation Application * Filing of Delay Condonation Application: Accompanying the late submission of cross objections, the department filed a delay condonation application, providing reasons for the delay​​. * Reasons Cited: The department attributed the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ural Compliance * Strict Adherence to Time Limits: The Tribunal's decision underscores the importance of adhering to prescribed time limits in legal procedures, particularly in appellate matters​​. * Assessment of Sufficient Cause: The Tribunal evaluated whether the department had a 'sufficient cause' for the delay, a key consideration in delay condonation applications& .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cial expectation of due diligence and prompt action, especially in the context of appellate procedures in customs law. This decision also reflects the judiciary's approach towards delay condonation applications, emphasizing the need for a concrete and valid justification for any deviations from procedural norms. Full Text: 2023 (11) TMI 380 - CESTAT NEW DELHI
TMI Short Notes , Experts co .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates