Supreme Court of India · 2008-02-14
COMMR.OF CUSTOMS,CENTRAL EXERCISE,NOIDA vs M/S PUNJAB FIBRES LTD.,NOIDA
- Citation / case number
- SC 2007/21167
- Court
- Supreme Court of India
- Petitioner
- COMMR.OF CUSTOMS,CENTRAL EXERCISE,NOIDA
- Respondent
- M/S PUNJAB FIBRES LTD.,NOIDA
- Author
- ARIJIT PASAYAT
- Bench
- P. SATHASIVAM DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court ruled that the High Court lacks the authority to condone delays in filing reference applications under Section 35-H of the Central Excise Act, 1944. The Court emphasized that the absence of a specific provision for condonation in Section 35-H indicates legislative intent against allowing such delays. The decision aligns with the precedent set in M/s Singh Enterprises v. Commissioner of Central Excise, which similarly addressed limitations under the Act, affirming that the High Court's dismissal of the reference applications was justified.