Supreme Court · 2009 INSC 414 · Decided 27 March 2009

Commissioner of Customs & Central Excise v. M/S. Hongo India (P) LTD. & ANR.

Court
Supreme Court of India
Citation
2009 INSC 414 · [2009] 4 S.C.R. 1197
Case number
CIVIL APPEAL No. 1939/2009
Decided
27 March 2009
Bench
K.G. BALAKRISHNAN, P. SATHASIVAM, J.M. PANCHAL (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Limitation Act Section 5; Central Excise Act Section 35H(1)

Headnote

Limitation Act, 1963: s.5 - Condonation of delay- High Court's power under c s.5 to condone delay in filing reference application under s.35H(1) of the unamended Central Excise Act, beyond the period of 180 days - Held: Time limit prescribed under s.35H(1) is under s.5- Delay after • prescribed period of 180 days thus not condonable - It is the D duty of the court to respect legislative intent and by giving liberal interpretation, limitation cannot be extended by invoking s. 5 of the Act - Central Excise Act, 1944 - s.35H(1)(before Act

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