(1)

The [Committee of Chief Commissioners of Customs] [ Substituted by Act 18 of 2005, Section 71, for " Board " (w.e.f. 13.5.2005).] may, of its own motion, call for and examine the record of any proceeding in which a [Commissioner of Customs] [ Substituted by Act 22 of 1995, Section 50, for " Collector of Customs " (w.e.f. 26.5.1995).] as an adjudicating authority has passed any decision or order under this Act for the purpose of satisfying itself as to the legality or propriety of any such decision or order and may, by order, direct such [Commissioner] [ Substituted by Act 22 of 1995, Section 50, for " Collector " (w.e.f. 26.5.1995).] [or any other Commissioner] [ Inserted by Act 14 of 2001, Section 111 (w.e.f. 11.5.2001).] to apply to the Appellate Tribunal for the determination of such points arising out of the decision or order as may be specified by the [Committee of Chief Commissioners of Customs] [ Substituted by Act 18 of 2005, Section 71, for " Board " (w.e.f. 13.5.2005).] in its order:

[Provided that where the Committee of Chief Commissioners of Customs differs in its opinion as to the legality or propriety of the decision or order of the Commissioner of Customs, it shall state the point or points on which it differs and make a reference to the Board which, after considering the facts of the decision or order passed by the Commissioner of Customs, if is of the opinion that the decision or order passed by the Commissioner of Customs is not legal or proper, may, by order, direct such Commissioner or any other Commissioner to apply to the Appellate Tribunal for the determination of such points arising out of the decision or order, as may be specified in its order.] [ Inserted by Act 18 of 2008, Section 72.]

(2)

The [Commissioner of Customs] [ Substituted by Act 22 of 1995, Section 50, for " Collector of Customs " (w.e.f. 26.5.1995).] may, of his own motion, call for and examine the record of any proceeding in which an adjudicating authority subordinate to him has passed any decision or order under this Act for the purpose of satisfying himself as to the legality or propriety of any such decision or order and may, by order, direct [such authority or any officer of Customs subordinate to him] [ Substituted by Act 29 of 2006, Section 29, for " such authority " (w.e.f. 13.7.2006).] to apply to the [Commissioner (Appeals)] [ Substituted by Act 22 of 1995, Section 50, for " Collector (Appeals)" (w.e.f. 26.5.1995).] for the determination of such points arising out of the decision or order as may be specified by the [Commissioner of Customs] [ Substituted by Act 22 of 1995, Section 50, for " Collector of Customs " (w.e.f. 26.5.1995).] in his order.

[ Substituted by Act 21 of 1984, Section 40 (w.e.f. 11-5-1984).]

Substituted by Act 18 of 2008, Section 72, for sub-Section (3) (w.e.f. 11.5.2007). Prior its substitution, sub-Section (3) read as under:-" (3) The Committee of Chief Commissioners of Customs or the Commissioner of Customs, as the case may be, shall make order under sub-Section (1) or sub-Section (2) within a period of three months from the date of communication of the decision or order of the adjudicating authority."

(3)

Every order under sub-section (1) or sub-section (2), as the case may be, shall be made within a period of three months from the date of communication of the decision or order of the adjudicating authority.

(4)

Where in pursuance of an order under sub-section (1) or sub-section (2), the adjudicating authority or any officer of customs authorised in this behalf by the Commissioner of Customs, makes an application to the Appellate Tribunal or the [Commissioner (Appeals)] [ Substituted by Act 22 of 1995, Section 50, for " Collector (Appeals)" (w.e.f. 26.5.1995).] within a period of [one month] [ Substituted by Act 22 of 2007, Section 111, for " three months " (w.e.f. 11.5.2007).] from the date of communication of the order under sub-section (1) or sub-section (2) to the adjudicating authority, such application shall be heard by the Appellate Tribunal or the [Commissioner (Appeals)] [ Substituted by Act 22 of 1995, Section 50, for " Collector (Appeals)" (w.e.f. 26.5.1995).]), as the case may be, as if such application were an appeal made against the decision or order of the adjudicating authority and the provisions of this Act regarding appeals, including the provisions of sub-section (4) of section 129-A shall, so far as may be, apply to such application.

(5)

[ The provisions of this section shall not apply to any decision or order in which the determination of any question having a relation to the rate of duty or to the value of goods for the purposes of assessment of any duty is in issue or is one of the points in issue.

Explanation.-For the purposes of this sub-section, the determination of a rate of duty in relation to any goods or valuation of any goods for the purposes of assessment of duty includes the determination of a question-

(a) relating to the rate of duty for the time being in force, whether under the Customs Tariff Act, 1975 (51 of 1975), or under any other Central Act providing for the levy and collection of any duty of customs, in relation to any goods on or after the 28th day of February, 1986; or

(b) relating to the value of goods for the purposes of assessment of any duty in cases where the assessment is made on or after the 28th day of February, 1986; or

(c) whether any goods fall under a particular heading or sub-heading of the First Schedule or the Second Schedule to the Customs Tariff Act, 1975 (51 of 1975), or that any goods are or not covered by a particular notification or order issued by the Central Government granting total or partial exemption from duty; or

(d) whether the value of any goods for the purposes of assessment of duty shall be enhanced or reduced by the addition or reduction of the amounts in respect of such matters as are specifically provided in this Act.]