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Issue ID: 110340
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remanded back cases

Date 11 May 2016
Replies 6 Replies
Views 4163 Views
Time limit for re-adjudication: no statutory period; authority must decide within a reasonable time following remand.
Where a tribunal remands a matter to the original authority there is no prescribed statutory time limit unless the remand order specifies one; in the absence of an express period the authority must re-adjudicate within a reasonable period, with administrative practice favoring prompt re-adjudication and tribunal-imposed timelines governing when included. (AI Summary)

Dear Expert's

I wish to know that if CESTAT remanded back any case to commissioner ( Original Authority)for re-adjudication what will be time limit for commissioner to decide the matter ?

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