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The Customs Act, 1969

( ACT NO. IV OF 1969 )

Chapter XIX


Procedure in appeal
193A. (1) The Commissioner (Appeal) shall give an opportunity to the appellant to be heard if he so desires.
(2) The Commissioner (Appeal) may, at the hearing of an appeal, allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the Commissioner (Appeal) is satisfied that the omission of that ground from the grounds of appeal was not wilful or unreasonable.
(3) The Commissioner (Appeal) may, after making such further inquiry as may be necessary, pass such order as he thinks fit confirming, modifying or annulling the decision or order appealed against:
Provided that an order enhancing any penalty or fine in lieu of confiscation or confiscating goods of greater value or reducing the amount of refund shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order:
Provided further that where the Commissioner (Appeal) is of opinion that any duty has not been levied or has been short-levied or erroneously refunded, no order requiring the appellant to pay any duty not levied, short levied or erroneously refunded shall be passed unless the appellant is given notice within the time-limit specified in section 168 to show cause against the proposed order.
(4) The order of the Commissioner (Appeal) disposing of the appeal shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision.
(5) On the disposal of the appeal, the Commissioner (Appeal) shall communicate the order passed by him to the appellant, the adjudicating authority and the Commissioner of Customs.]
1[(6) The Commissioner (Appeal) shall dispose of the appeal within two years from the date of receipt thereof.
(7) If the Commissioner (Appeal) fails to dispose of the appeal within the time specified in sub-section (6), the Board may, upon a request made by the Commissioner (Appeal), extend that period not exceeding 6 (six) months.
(8) If the appeal is not disposed of within the extended time specified in sub-section (7), the appeal shall be deemed to have been allowed.]

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    Sub-section (6), (7) and (8) were added by section 11 of অর্থ আইন, ২০১৬ (২০১৬ সনের ২৮ নং আইন)
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