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Appeals and Revisions – Excise

Appeals and Revisions :

Nature  of appeal TO BE FILED WITH Against which order it can be preferred Who can prefer Time limit for filing of appeal Time limit for Disposal of appeal
First Appeal Commissioner (Appeals ) Adjudicating Authority ( Lower in Rank of commissioner ASSESSEE Within 60 days from order.

Condonation of delay allowed up to 30 days

If possible , within 6 months from the date on which appeal filed
First Appeal CESTAT Commissioner as an Adjudicating Authority ASSESSEE Within 3 months  from communication or decision or  order.

Condonation of delay in filing appeal-without time limit

If possible , within 3years  from the date on which appeal filed
Second Appeal CESTAT COMMISSIONER (Appeals ) ASSESSEE/DEPARTMENT Within 3 months  from communication or decision or  order.

Condonation of delay in filing appeal-without time limit

If possible , within 3years  from the date on which appeal filed
Appeal to High Court HC CESTAT ( OTHER THAN RATE OF DUTY AND VALUATION MATTERS ) ASSESSEE/DEPARTMENT Within 180 days of receipt of the CESTATs order (

Condonation of delay in filing appeal-without time limit

As per code of civil Procedure ,1908
Appeal to Supreme Court SC CESTAT orders  relating to rate of duty and valuation matters /orders of HC ASSESSEE/DEPARTMENT As per code of civil Procedure ,1908 As per code of civil Procedure ,1908

 

Note- The determination of any question having a relation to the rate of duty shall include the determination of taxability or exciseability of goods for the purpose of assessment.

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