Section 129DA:
Powers of revision of Board or Collector of Customs in certain cases.
1[129DA. Powers of revision of Board or Collector of Customs in certain cases.--(1) The Board
may, of its own motion or on the application of any aggrieved person or otherwise, call for and examine
the record of any proceeding in which a Collector of Customs has passed any decision or order not being
a decision or order passed under sub-section (2) of this section of the nature referred to in sub-section (5)
of section 129D for the purpose of satisfying itself as to the correctness, legality or propriety of such
decision or order and may pass such order thereon as it thinks fit.
(2) The Collector of Customs may, of his own motion or on the application of any aggrieved person
or otherwise, call for and examine the record of any proceeding in which an adjudicating authority
subordinate to him has passed any decision or order of the nature referred to in sub-section (5) of section
129D for the purpose of satisfying himself as to the correctness, legality or propriety of such decision or
order and may pass such order thereon as he thinks fit.
(3) (a) No decision or order under this section shall be made so as to prejudicially affect any person
unless such person is given a reasonable opportunity of making representation and if, he so desires, of
being heard in his defence.
(b) Where the Board or, as the case may be, the Collector of Customs is of the opinion that any duty
has not been levied or has been short-levied or short-paid or erroneously refunded, no order requiring the
affected person to pay any duty not levied or paid, short-levied or short-paid or erroneously refunded shall
be passed under this section unless such person is given notice within the time limit specified in section
28 to show cause against the proposed order.
(4) No proceeding shall be initiated under sub-section (1) or sub-section (2) in respect of any decision
or order after the expiry of a period of six months from the date of communication of such decision or
order:
Provided that in respect of any decision or order passed before the commencement of the Customs
and Central Excises Laws (Amendment) Act, 1988 (29 of 1988), the provisions of this sub-section shall
have effect as if for the words "six month"s, the words "one year" were substituted.
(5) Any person aggrieved by any decision or order passed under sub-section (1) or sub-section (2)
may appeal to the Customs and Excise Revenues Appellate Tribunal established under section 3 of the
Customs and Excise Revenues Appellate Tribunal Act, 1986 (62 of 1986), against such decision or
order.
Notes:
1. Ins. by Act 29 of 1988, s. 5 (w.e.f. 18-5-1988).