2015 (3) TMI 1255 - AT - Customs

Restoration of appeal - appeal dismissed for non-compliance of the stay order - application for restoration holding that certain grounds were not considered by this Tribunal at the time of finalization of stay order - Held that - the said order dated 8-9-2014 was passed by this Tribunal in the presence of learned Counsel appearing on behalf of the applicant who argued before this Tribunal. Therefore at this stage learned Counsel cannot argue that certain points were ignored by this Tribunal. If certain points have been ignored counsels representing the appellant should have mentioned at the time of dictation itself. If same were not taken into consideration the applicant could have filed application for rectification of mistake in the said order but the said mode has not been adopted by the appellant therefore consideration of the order dated 8-9-2014 at this stage is not permissible. Consequently the stay order dated 8-9-2014 has attained finality. We recall our order dated 8-12-2014 and vacate the stay order passed by this Tribunal with the liberty to the Revenue to recover the dues adjudged in the impugned order - appeal restored - application for restoration of appeal is allowed.

Summary

Issues:
1. Application for restoration of appeal dismissed for non-compliance with stay order.
2. Consideration of grounds not taken into account during finalization of stay order.
3. Applicability of the decision of Allahabad High Court in a similar case.
4. Decision on restoration of appeal and vacating the stay order.

Analysis:
The judgment pertains to an application for restoration of appeal that was dismissed due to non-compliance with a stay order. The applicant sought restoration of the appeal, arguing that certain grounds were not considered during the finalization of the stay order. The learned AR opposed the application, stating that considering new contentions at this stage would amount to a review of the Tribunal's own order and suggested challenging it before the High Court under Section 130(6) of the Customs Act, 1962.

Upon hearing both parties, the Tribunal considered the arguments. The applicant prayed for restoration of the appeal and the recall of the order dated 8-9-2014. The Tribunal noted that the order dismissing the appeal for non-compliance with the Customs Act provisions was passed in the presence of the applicant's counsel who had the opportunity to raise any overlooked points at that time. The Tribunal emphasized that if certain points were not considered, the applicant could have filed for rectification, which was not done. Therefore, revisiting the order at this stage was deemed impermissible, and the stay order from 8-9-2014 was considered final.

The appellant relied on a decision from the Allahabad High Court, which opined that non-compliance with an interim order should not be grounds for rejecting an appeal outright but rather for vacating the interim order. In light of this, the Tribunal decided to recall its order dated 8-12-2014 and vacate the stay order, allowing the Revenue to recover the dues as per the impugned order. Consequently, the application for restoration of the appeal was allowed, and the Registry was directed to restore the appeal to its original number.