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2023 Supreme(Bom) 1414

G. S. KULKARNI, JITENDRA JAIN
Zulfikar Abdul Rashid Khan – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Brijesh Pathak
For the Respondent: Mr. Brijesh Kantaria with Mr. Ram Ochani

JUDGMENT :

G. S. Kulkarni, J.

1. These appeals under Section 130 of the Customs Act, 1962 challenge a common order dated 19 July, 2022, passed by the Customs, Excise & Service Tax Appellate Tribunal, Mumbai (for short, “CESTAT”) whereby interim applications filed by the appellant praying for condonation of delay in filing the appeals have been rejected, only on the reasoning as set out in paragraph 2.1 of the impugned order which reads thus:-

    “2.1 From the applications, it is evident that the applicant is seeking indulgence of this Tribunal for condoning the delay of 1708 days in filing these appeals. No justifiable ground has been stated in the applications filed.”

2. This appeal is admitted on the following questions of law:-

    “a. In the facts and circumstances of the case and in law, whether the Ld. CESTAT erred in dismissing the Miscellaneous Application, seeking condonation of delay, bearing Appeal Diary No. 852552021, when the Appellant under a bona fide belief had filed the Revision Application before the Revisionary Authority ?

b. Whether the Ld. CESTAT was bound to condone the period undergone before the Revisionary Authority under a bona fide belief and the Appellant had acted

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