2006 (4) TMI 278 - AT - Customs

Summary

Issues:
1. Application for extension of time for post-decisional hearing and disposal of the case.
2. Tribunal's jurisdiction to modify an order already upheld by the High Court.
3. Invocation of Rule 41 of the CESTAT (Procedure) Rules.
4. Disclosure of material information in applications before the Tribunal.

Analysis:
1. The application before the Appellate Tribunal CESTAT, Chennai was for an extension of time for post-decisional hearing and disposal of the case involving a Commissioner of Customs against a Customs House Agent (CHA). The Tribunal had initially directed the Commissioner to complete the enquiry against the CHA and pass a final order within a specified period, failing which the suspension order would stand set aside. The application sought an additional four months for the disposal of the CHA's case, invoking Rule 41 of the CESTAT (Procedure) Rules.

2. The Tribunal considered the circumstances presented in the application, including references to a judgment of the Hon'ble High Court. The High Court had dismissed an appeal filed by the CHA against the Tribunal's final order, upholding the Tribunal's decision. The Tribunal noted that once an order has merged with the judgment of the appellate court, it is beyond the Tribunal's powers to modify the order. The Tribunal emphasized that Rule 41 allows for appropriate orders or directions but is not applicable when the final order has merged with the appellate court's judgment.

3. The Tribunal highlighted that the invocation of Rule 41 in the present application was an attempt to seek the Tribunal's discretion, but noted that the Commissioner had not disclosed the High Court's judgment in the application. Despite this, the Tribunal accepted the High Court's judgment presented by the SDR as a gesture on behalf of the Commissioner. The Tribunal emphasized the importance of full disclosure of material information in applications before the Tribunal.

4. Ultimately, the Tribunal dismissed the application, stating that the applicant could seek appropriate relief by petitioning the Hon'ble High Court if advised to do so. The decision was based on the Tribunal's finding that it lacked the authority to modify an order that had merged with the judgment of the appellate court. The Tribunal's decision reinforced the principle that once an order has been upheld by a higher court, the Tribunal cannot alter it, and parties must adhere to the final judgment of the appellate court.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved and the Tribunal's reasoning in reaching its decision.