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october 2012

Supreme Court of India · 2012-10-30

M/S Thakker Shipping P.Ltd vs Commr.Of Customs(General)

Court
Supreme Court of India
Petitioner
M/S Thakker Shipping P.Ltd
Respondent
Commr.Of Customs(General)
Author
R.M. Lodha
Bench
Anil R. Dave, R.M. Lodha

Judgment text excerpt

The Supreme Court addressed whether the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has the discretionary power under Section 129A(5) of the Customs Act, 1962 to condone a delay in filing an appeal under Section 129D(4) when sufficient cause is shown. The Court held that the CESTAT does possess such discretionary power, emphasizing the importance of ensuring justice and the need to consider the merits of the case rather than strictly adhering to procedural timelines. The appeal was allowed, and the matter was remanded for consideration on merits.

M/S Thakker Shipping P.Ltd vs Commr.Of Customs(General) · Niyam