2015 (3) TMI 288 - AT - Customs

Condonation of delay - Rectification of mistake - Held that - In the application Condonation of Delay in filing the application for Rectification of Mistake it is stated that on the part of the department, there is an inadvertent delay has been occurred in filing the ROM application but no specific reason has been given for condoning the delay. As the provisions are very specific and granting six months time from the order passed by this Tribunal therefore, provisions of Section 5 of the Limitation Act shall not apply for consideration of delay in filing the application for Rectification of Mistake. as per the statutory provisions of the Customs Act, 1962, the application for Rectification of Mistake filed by the Revenue is beyond six months after passing of the order is not maintainable - condonation denied.

Summary

Issues: Application for Rectification of Mistake filed beyond six months - Condonation of Delay - Statutory provisions of Customs Act, 1962 - Case law reliance

1. Application for Rectification of Mistake filed beyond six months:
The Revenue filed an application for Rectification of Mistake in the order passed by the Tribunal, where the respondent's appeal was allowed based on a decision of the Kerala High Court. The application was filed beyond six months from the date of the order. The learned A.R. submitted an application for Condonation of Delay, stating inadvertent delay on the department's part. However, no specific reason was provided for condoning the delay.

2. Condonation of Delay:
The Tribunal considered the application for Condonation of Delay in light of the statutory provisions of Section 35C(2) of the Central Excise Act, 1944, and Section 129(B) 2 of the Customs Act, 1962. These provisions allow rectification of mistakes within six months from the date of the order without the application of Section 5 of the Limitation Act. Citing judgments like CCE Pune III vs. GE Medical Systems and CCE vs. Shree Chamnundeswari Sugars Ltd., the Tribunal emphasized the specificity of the statutory timeline for filing Rectification of Mistake applications.

3. Statutory provisions of Customs Act, 1962:
The Tribunal noted that the Revenue's reliance on a case law passed after the Tribunal's order did not justify the delay in filing the Rectification of Mistake application within the stipulated six months. The application for Rectification of Mistake was required to be filed by a certain date, but the Revenue failed to do so despite the High Court's decision. Consequently, the Tribunal held that the application filed by the Revenue beyond six months was not maintainable under the Customs Act, 1962.

In conclusion, the Tribunal dismissed both the application for Rectification of Mistake and the Condonation of Delay application, emphasizing the importance of adhering to statutory timelines for such filings and highlighting the specific provisions of the Customs Act, 1962 governing rectification procedures.