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february 2008

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.

COMMR.OF CUSTOMS,CENTRAL EXERCISE,NOIDA vs M/S PUNJAB FIBRES LTD.,NOIDA · Niyam