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2011 (9) TMI 609 - HC - CustomsOrder of Appellate Tribunal - Doctrine of Merger - Held That - CESTAT dismissed appeal vide order dated 26.3.07 and order was upheld by court. Therefore order of the Tribunal had attained finality and had been merged in the order of this Court. Thus tribunal has no power for restoration of appeals.
Issues:
1. Restoration of appeal by the Tribunal after dismissal for non-deposit of required amount. 2. Jurisdiction of the CESTAT to review its order and restore appeals. 3. Legality of the impugned order in light of Customs Act, 1962 provisions. 4. Application of the doctrine of merger and jurisdiction of the Tribunal. Issue 1: Restoration of appeal by the Tribunal after dismissal for non-deposit of required amount The High Court addressed the impugned order passed by the Tribunal, which dismissed the appeal of the respondent for failure to deposit Rs.2.5 Crores as a condition for hearing the appeal. The Tribunal had initially directed this deposit, which was not complied with by the respondents, leading to the dismissal of the appeals. Subsequently, the respondents approached the Tribunal for revival of the appeals, stating their readiness to deposit the required amount. The Tribunal, in its impugned orders dated 3.6.2011, allowed the revival of the appeals on the grounds that the appellants were now willing to make the deposit. This decision was challenged in the present appeals. Issue 2: Jurisdiction of the CESTAT to review its order and restore appeals The High Court examined whether the CESTAT had the jurisdiction under the Customs Act, 1962 to restore the appeals that were dismissed four years ago. The Court considered the merger of the Tribunal's order with its own order, which had attained finality. The substantial question of law raised was whether the CESTAT could review its order when it had merged with the High Court's order, thus questioning the legality of the impugned order issued by the CESTAT. Issue 3: Legality of the impugned order in light of Customs Act, 1962 provisions The High Court analyzed the provisions of Section 129B(2A) of the Customs Act, 1962 to determine the legality of the impugned order by the CESTAT. The Court deliberated on the powers of the Appellate Tribunal, the time frame for hearing and deciding appeals, and the applicability of the doctrine of merger in this case. The questions raised included whether the impugned order interfered with the due process of the High Court and whether it was contrary to the provisions of the Customs Act, 1962. Issue 4: Application of the doctrine of merger and jurisdiction of the Tribunal The High Court invoked the doctrine of merger to establish that once the Tribunal's order had attained finality and merged with the High Court's order, the Tribunal had become functus officio. The Court concluded that the Tribunal had no jurisdiction to entertain applications for the restoration of appeals after the orders had been finalized and merged. Consequently, the High Court set aside the Tribunal's order on this ground alone, ruling in favor of the revenue. By thoroughly analyzing the issues surrounding the restoration of appeals, the jurisdiction of the CESTAT, the legality of the impugned order, and the application of the doctrine of merger, the High Court provided a detailed and comprehensive judgment in this case.
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