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CCE vs. Hongo India (Supreme Court)

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DATE: (Date of pronouncement)
DATE: December 21, 2008 (Date of publication)
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Q whether the Court has power to condone delay in filing statutory appeals etc referred to a Full Bench.

In CCE vs. Punjab Fibres Ltd (223) E.L.T. 337 the Supreme Court held that the High Court has no power to condone delay in filing of a Reference Application u/s 35H(1) of the Excise Act on the ground that where the statute specifies a limitation period, s. 5 of the Limitation Act would not apply. There are doubts about the correctness of this judgment because the power of the High Court to condone delay cannot be circumscribed by the statute. Accordingly, the issue should be referred to a Full Bench.

See Also: CCE vs. Shruti Colorants (Bombay High Court)

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    January 6, 2009 at 12:14 pm

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