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Commissioner (A) inadvertently treated appeal as time barred hence matter remanded back
Case Law Details
- Case Name
- Shimul Sarkar Vs Commissioner of Customs (CESTAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Kolkata
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Shimul Sarkar Vs Commissioner of Customs (CESTAT Kolkata)
CESTAT Kolkata held that Commissioner (A) inadvertently dismissed the appeal treating it as time barred as the adjudication order dated 23.07.2018 was communicated to the appellant on 05.08.2018. Accordingly, matter remanded back to Commissioner (A) for deciding the issue on merits.
Facts- During the course of search 12 pieces of yellow metal believed to be gold of foreign origin of total weight 1218.690 Grams of value Rs.38,13,783/- (@ Rs.3,129.412 for 1 Gram) were recovered.
Thereafter, statements of the appellants were recorded. A sh...





