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Customs - Highlights / Catch Notes

Home Highlights December 2020 Year 2020 This

Right of department to file any appeal or cross-objections ...


Department Can't Appeal or File Cross-Objections on Refund Orders; Section 128 of Customs Act Restricts Rights.

December 25, 2020

Case Laws     Customs     AT

Right of department to file any appeal or cross-objections before the Commissioner (Appeals) against Refund order - the Department could neither have filed an appeal before the Commissioner (Appeals) against a part of the order passed by the Deputy Commissioner nor it could have filed cross-objections in the appeal filed by the Vivo Mobile before the Commissioner (Appeals) against that part of the order sanctioning the refund amount since the right to file cross-objection has not been conferred under section 128 of the Customs Act, which deals with appeal to the Commissioner (Appeals). - AT

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