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Customs DutyArticle·7 July 2026

CESTAT treats Calendar Months as Limitation period

By J the App

Executive Summary

The Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Allahabad Bench, held that the expression "month" in Section 85(3A) of the Finance Act, 1994 refers to a calendar month and not 30 or 60 days. 

Consequently, an appeal filed on the last day of the condonable one-month period was held to be within limitation and the matter was remanded for adjudication on merits.

Background

The Department had issued a show cause notice proposing service tax demand for the period 2012-13 to...

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