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Issues:
Appeal against dismissal on the ground of limitation. Analysis: The appellants imported ceramic wall tiles and declared a value of US $1.05 per sq. mtr., but authorities loaded the value by 60% to US $1.65 per sq. mtr. The goods were cleared by the appellants after paying the assessed duty. The appellants, dissatisfied with the loaded value, requested a speaking order from the Deputy Commissioner of Customs, which was not responded to. Subsequently, they were informed that there was no need for an appealable order. The appellants then appealed to the Commissioner (Appeals), who dismissed the appeal on the basis of limitation. The advocate for the appellants argued that the Revenue authorities should have responded to their letter requesting an appealable order, which would have enabled them to file an appeal in time. The advocate contended that the appellants should not be penalized for the Department's inaction. On the other hand, the Department's representative argued that the Commissioner (Appeals) rightly rejected the appeal solely on the ground of limitation, as the law does not allow condonation of delay beyond the specified period. The Tribunal considered both arguments and reviewed the records. It was noted that the appeal was dismissed based on limitation, as per the provisions of Section 128 of the Customs Act, which do not permit condonation of delay beyond 30 days after the mandatory 60-day appeal period. Referring to a Supreme Court case, it was established that the Commissioner (Appeals) cannot entertain appeals filed beyond 90 days. The Tribunal emphasized that the Advocates & Solicitors representing the appellants should have been aware of the law, especially regarding the assessment of a Bill of Entry. The Tribunal found no merit in the appeal, stating that ignorance of the law was not a valid excuse, particularly when the appellants' legal representatives had requested a speaking order regarding the assessed Bill of Entry. In conclusion, the Tribunal upheld the dismissal of the appeal, emphasizing that the law is clear regarding the assessment of Bill of Entry and the timeline for filing appeals. The appeal was therefore dismissed.
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