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april 2015

Supreme Court of India · 2015-04-23

M.P. Steel Corporation vs Commnr. Of Central Excise

Court
Supreme Court of India
Petitioner
M.P. Steel Corporation
Respondent
Commnr. Of Central Excise
Author
R.F. Nariman
Bench
R.F. Nariman, A.K. Sikri

Judgment text excerpt

The Supreme Court held that the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) lacked jurisdiction to entertain the appeal against the Superintendent of Customs' order, as the proper forum for such an appeal is the Commissioner (Appeals) under Section 128 of the Customs Act, 1962. The Court emphasized that the order by the Superintendent was not merely a communication of the Collector's decision but a distinct order requiring a specific appeal process. Consequently, the Court set aside CEGAT's order and allowed the appeal, affirming the need for adherence to statutory appeal procedures.

M.P. Steel Corporation vs Commnr. Of Central Excise · Niyam