Appeal to High Court

[Priyesh Mamnani]

Date of order passed by CESTAT is 01/06/2020. The time limit for filing appeal before High Court is 180 days. But during Covid-19 many extension were made,so what is the final time limit for making appeal before High Court during Covid-19 period in my case?

[PAWAN KUMAR]

dear Sir,

please provide which high court you are preferring appeal.

[Priyesh Mamnani]

Gujarat High Court

I want to know the last date of filing appeal (including al extensions during lockdown)

[PAWAN KUMAR]

Dear Sir,

As per circular of Gujrat High Court dt.09.03.2021, there is a limitation allowed as per Supreme Court Order in writ Petition Civil No. 3 of 2020, if any limitation is expiring between 15.03.2020 to 14.03.2021, then there will a further limitation of 90 days for filing the appeal/suit/petition counted from 15.03.2021. you may get the benefit of this and can file your appeal even now.

[KASTURI SETHI]

As per Supreme Court order dated 8.3.21 (para no.2), last date for filing appeal with High court is 12.6.21. As per Section 35 of Central Excise Act, the period of 180 days is to be computed from the date of receipt of CESTAT's order and not from the date of issue of CESTAT's Order. So you may get 3-4 days

[Mr Rao]

Dear sir,

I feel that there is a time limit upto 90 days from 15.3.2020 as opined by Shri Pawan Kumar ji in view of the Hon'ble Supreme court's Order. you may get the benefit of this and can file your appeal even now.

[KASTURI SETHI]

Sh.G.B. Rao Ji,

Sir, A period of 90 days to be computed from 15.3.20 or from 15.3.21 ? Pl. confirm.

[Mr Rao]

Dear sirs,

Typographical error sir. It is from 15.3.21.

[Ganeshan Kalyani]

Experts, thanks for enriching my knowledge.

AI Summary

Clarification on Appeal Deadline for Customs Case Amid COVID-19 Extensions; Final Date Set for 12/06/2021 An individual sought guidance on the deadline for filing an appeal with the Gujarat High Court regarding a customs matter, considering COVID-19 related extensions. The original deadline was 180 days from the CESTAT order dated 01/06/2020. Respondents referenced a Supreme Court order and a Gujarat High Court circular, indicating extensions for limitations expiring between 15/03/2020 and 14/03/2021, allowing an additional 90 days from 15/03/2021. The consensus was that the appeal could still be filed, with the last date being 12/06/2021. Participants clarified the calculation of the appeal period and corrected typographical errors.