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Issues: Delay in filing appeal, justification for condoning delay, medical certificate validity, partner's illness impact on appeal filing, authority to give directions in partner's absence, relevance of power of attorney holder's involvement in proceedings, acceptance of undervaluation by power of attorney holder.
In the present case, the main issue revolves around the delay of 94 days in filing an appeal against the Order-in-Original dated 15-7-2002 passed by the Commissioner. The appellant sought condonation of the delay, attributing it to a partner's illness during the critical period. A Medical Certificate was submitted as evidence, certifying the partner's medical condition, which was claimed to have incapacitated him from providing directions for the appeal filing. Upon careful consideration, the Tribunal observed that similar delays were present in the appeals of the appellant's Sister Concerns, supported by medical certificates from the same doctor. However, apart from the medical certificate, no substantial medical evidence was presented to demonstrate the partner's inability to oversee the appeal process. It was noted that another individual, the Power of Attorney Holder, was actively involved in the import proceedings, bill of entry filing, and assessment stages, while the partner in question was not significantly engaged in these matters. Additionally, the Commissioner's Order was based on statements made by the Power of Attorney Holder, accepting undervaluation and agreeing to pay additional duty and penalties. Consequently, the Tribunal concluded that there was insufficient justification to condone the delay in filing the appeal. As a result, the Miscellaneous Application for condonation was rejected, leading to the dismissal of the appeal itself. The decision was based on the lack of substantial evidence supporting the partner's incapacitation due to illness, the active involvement of the Power of Attorney Holder in the proceedings, and the acceptance of undervaluation by the said holder, rendering the delay inexcusable.
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