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Customs - Highlights / Catch Notes

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Maintainability of appeal before the High Court - A plain ...

Case Laws     Customs

July 28, 2022

Maintainability of appeal before the High Court - A plain reading of sub-section (2) of section 130 of the 1962 Act would demonstrate, that the appeal to this Court could be preferred either by the Principal Commissioner of Customs or Commissioner of Customs or even “other party” aggrieved by any order of the Tribunal. The DA, to our minds, would if nothing else, fall within the category of “other party”. Therefore, this objection is without merit, and hence is rejected. - The preliminary objection taken by the respondents, as regards the maintainability of the instant appeal, cannot be sustained - HC

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