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Customs Appellate Tribunal 2016 Customs Act, 1969

2016 PTD 1767

Delay of 847 days
Messrs EMAAN IMPEX (PVT.) LTD., KARACHI
Appellant
VS
The ASSISTANT COLLECTOR OF CUSTOMS and another
Respondent

Case Laws / Head Notes / Paras

Order in appeal, passing of---Delay of 847 days---Appeal was filed on 11-10-2012---Order under S. 193A(3) of Customs Act, 1969 was to be passed within 120 days from the date of filing of appeal i.e. on or before 08-09-2012 or within further extended period of 60 days during initial period of 120 days with reason to be recorded for extension in writing after serving a notice to person concerned---No extension had been granted by department prior to the expiry of initial period 120 days and it was evident from the order which was silent in that regard---Department passed an order after 967 days from the date of filing of appeal which was barred by 847 days---Order passed by department was without power/jurisdiction and could not be enforced under law.