Search: condonation of delay

2 results for “condonation of delay”+ Section 35H(1)clear

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Section 358 Section 35H6 Section 35H(1)4 Section 53 Limitation/Time-bar2

COMMISSIONER OF CUSTOMS & CENTRAL EXCISE vs. M/S HONGO INDIA(P) LTD

C.A. No.-001939-001939 - 2009Supreme Court27 Mar 2009

Bench: Enactment Of Act 49/2005), With Regard To Application For Reference, The High Court Exercises Its Advisory Jurisdiction In A Case Where The Substantial Question Of Law Of Public Importance Arise, The Said Bench Directed The Matter To Be Heard By Larger Bench. In This Way, All The Above Mentioned Matters Arising From The Judgments Of The Allahabad High Court On Identical Issue Posted Before This Bench For Determining The Question, Namely, “Whether The High Court In The Reference Application Under Section 35H (1) Of The Unamended Act, Has Power Under Section 5 Of 2

Section 2Section 35Section 35BSection 35CSection 35ESection 35GSection 35HSection 5

condone the delay in filing appeal beyond the prescribed period of 180 days. 8) Unamended Section 35H speaks about reference application to the High Court. As per sub-section (1

COMMISSIONER OF CUSTOMS & CENTRAL EXCISE vs. M/S HONGO INDIA(P) LTD

C.A. No.-001939-001939 - 2009Supreme Court04 Dec 2008

Section 29(2)Section 35Section 35HSection 35H(1)Section 5

1 that it has no power to condone the delay as there is no provision in the 1944 Act to exclude impliedly or expressly the application of Section 29(2) of the Limitation Act. Learned counsel appearing on behalf of the Revenue contended that in this case there was a delay in making the Reference Application under Section 35H