Surender Singh (ERP Software Developer) (33 Points)
17 September 2012Hello Friends,
I wnat to know, what is the procedure for filing of appeal against the order of Assistant Commissioner of Central Excise?
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 17 September 2012
Rai singh Tomar
(Advocate)
(46 Points)
Replied 18 September 2012
Please read Central Excise (Appeals) Rules,2001 with Notification No.32/2011 C.E.(N.T.) , dated 21.06.2001.
SECTION 35. Appeals to Commissioner (Appeals).— (1) Any person aggrieved by any decision or order passed under this Act by a Central Excise Officer, lower in rank than a Commissioner of Central Excise , may appeal to the Commissioner of Central Excise (Appeals) hereafter in this Chapter referred to as the Commissioner (Appeals) within sixty days from the date of the communication to him of such decision or order :
Provided that the Commissioner (Appeals) may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of sixty days, allow it to be presented within a further period of thirty days.
(1A) The Commissioner (Appeals) may, if sufficient cause is shown at any stage of hearing of an appeal, grant time, from time to time, to the parties or any of them and adjourn the hearing of the appeal for reasons to be recorded in writing:
Provided that no such adjournment shall be granted more than three times to a party during hearing of the appeal.
(2) Every appeal under this section shall be in the prescribed form and shall be verified in the prescribed manner.
Note-: An appeal under sub-section (1) of section 35 of the act to the Commissioner (Appeals) shall be made in Form No.E.A.-1 (See Annexure 36 (E.A.1) in Part-7 of excise manual).
The grounds of appeal and the form of verification as contained in form No.E.A.-1, shall be signed,-
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