Page 50 - ELT_1st August 2020_Vol 373_Part 3
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A88                         EXCISE LAW TIMES                    [ Vol. 373

                                     Appeal Form No. prescribed under Customs (Appeals) Rules, 1982 to file appeal
                                        under Customs Act, 1962
                                      S.          Under Section          Under Rule  Form No.       No. of
                                      No.                                                          Copies
                                       1. 129E (Appeal)                      6(1)       CA-3          4
                                          (Memo-of-Cross Objection)          6(2)       CA-4          4
                                       2. 129D                               7(1)       CA-5          4
                                       3.  130A (High Court)                 8(1)       CA-6          4
                                          (Memo-of-Cross Objection)          8(2)       CA-7          4
                                       4.  129DD (Revision to Cen Govn.)   8A(1)(1)     CA-8          2
                                          Addressed to Under Secretary      8B(1)
                                     Note : The revision application in Form No. CA-8 shall be filed in duplicate and
                                     shall be accompanied by an equal number of copies of the following documents,
                                     namely :-
                                            (i)  order passed by the CoC (Appeals) under Section 128A; and
                                            (ii)  decision or order passed by the Customs Officer which was the sub-
                                                 ject-matter of the order referred to in clause (i).
                                     Adjournments during Appeal
                                            At any stage of the hearing of the appeal, if sufficient cause is shown ad-
                                     journment can be granted, for the reasons to be recorded in writing.
                                      S.     Under Section          Who can Adjourn         Max No. of Times
                                      No.
                                       1.       128 (1A)         Commissioner  (Appeals)           3
                                       2.      129B(1A)                 CESTAT                     3
                                     Rectification of Mistakes (“ROM)” during Appeal u/s 129B(2)
                                            Application for Rectification of Mistakes is filed under Section 129B(2) of
                                     Customs Act,1962 which reads as under :
                                            “(2)  The Appellate Tribunal may, at any time within six months from the
                                            date of the order, with a view to rectifying any mistake apparent from the
                                            record, amend any order passed by it under sub-section (1) and shall make
                                            such amendments if the mistake is brought to its notice by the Commissioner
                                            of Customs or the other party to the appeal.”
                                      S.                Particulars                 Who can file      Time
                                      No.                                           application      Period
                                       1.  With a view to rectifying any mistake ap- 1. Commissioner  6 Months
                                          parent from the record, amend any order   of Customs
                                          passed by it under sub-section  (1)  and       or
                                          shall make such  amendments  if the mis-  2. Party to the  Ap-
                                          take is brought to its notice             peal

                                            It is to be borne in mind that the time period stipulated above shall be
                                     counted from the date order has been received by the party to the appeal. This
                                     view can be reinforced from the following observation of the Hon’ble Bombay
                                     High Court in Allied Fibres v. Commissioner of Customs (Import) Custom Appeal No.
                                     109/2015 [2017 (357) E.L.T. 123 (Bom.)] :
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