2013 (12) TMI 93 - AT - Customs

Condonation of Delay Held that - The applicant received the order on 2.8.2010 and filed writ petition in the same month - By judgment dated 25.11.2010, the Hon ble Division Bench of Madras High Court directed that if the applicant so prefers the appeal, the time spent in the proceeding before the Hon ble High Court shall be excluded for calculating the period of limitation calculation of three months to be made from the date of the Hon ble High Court s decision, then also the applicant should have filed the appeal on or before 24.2.2011 - But the applicant had not filed the appeal within the limitation as per direction of the Hon ble High Court and it has filed on 23.6.2011 - It is beyond the period of three months as provided under Section 129A of the Customs Act, 1962 the application for condonation of delay rejected Decided against Assessee.

Summary

Issues:
Delay in filing appeal, exclusion of time spent in previous proceedings, interpretation of Section 129A of the Customs Act, 1962.

Analysis:
The judgment revolves around the application for condoning the delay in filing an appeal. The applicant had moved the High Court and the Supreme Court against the impugned order before filing the appeal. The applicant received the impugned order on 2.8.2010 and filed the appeal on 23.6.011. The learned counsel argued that the time spent in the previous proceedings before the High Court should be excluded for calculating the period of limitation. However, the respondent contended that there was a delay of about 120 days excluding the period of proceedings before the High Court, and the applicant failed to mention the date of filing the writ petition before the High Court.

The Tribunal analyzed Section 129A of the Customs Act, 1962, which mandates that every appeal must be filed within three months from the date of communication of the order. The Division Bench of the High Court had directed that the time spent in the proceedings before the High Court should be excluded for calculating the period of limitation. The Tribunal noted that even if the three months were calculated from the High Court's decision date, the appeal should have been filed by 24.2.2011. However, the applicant filed the appeal on 23.6.2011, beyond the stipulated period. The argument that the order of the Supreme Court merged with the High Court's order was rejected, as the specific direction by the High Court regarding the exclusion of time was not adhered to by the applicant. Consequently, the condonation of delay application was rejected, leading to the dismissal of the appeal and the stay application. Additionally, the early hearing application filed by the Revenue was disposed of.

In conclusion, the Tribunal upheld the importance of adhering to the statutory timelines for filing appeals as prescribed under the Customs Act, 1962. The judgment emphasizes the significance of following court directives regarding the exclusion of time spent in previous proceedings and highlights the consequences of failing to comply with such directions in the context of appeal timelines.