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2016 (7) TMI 40 - HC - CustomsDelay in filing of appeal before the Commissioner (appeals) - condonation of delay - Reassessment of bill of entry - higher duty was paid due to wrong classification of import of natural rubber - Appellant has contended that the order of assessment, dated 26.08.2006, was erroneous, on the grounds that the imported goods are classifiable under CTH 4001 22 00 under CN 21/2002 Sl.No.491, which attracts duty at the rate of 20% Nil 2% 4%, and at the time of assessment, the goods were classified under CTH 400110.10, which attracts higher duty and at the time of assessment, the same was not noticed by them. Held that - When the appeal itself is time barred and when the appellate authority or the CESTAT, Chennai, cannot condone the delay, in terms of the statutory provisions, prescribing a specific period of limitation, in the light of the discussion and decisions, extracted supra, we are of the considered view that the substantial questions of law raised by the appellant cannot be held in favour of the appellant. Consequently, the Civil Miscellaneous Appeal is dismissed. - Decided against the assessee.
Issues Involved:
1. Whether the appeal filed beyond the condonable period can be entertained. 2. Whether the Tribunal was correct in not considering the substantial issue of excess customs duty collected without the authority of law. 3. Whether the Tribunal's decision should be set aside in light of authoritative pronouncements. 4. Whether the Tribunal committed judicial indiscipline by not following the decision of a coordinate bench. Issue-Wise Detailed Analysis: 1. Whether the appeal filed beyond the condonable period can be entertained: The appellant filed an appeal against the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) decision, which declined to entertain the appeal as time-barred. The appellant argued that the assessment order dated 26.08.2006 was erroneous. However, the Commissioner of Customs (Appeals) dismissed the appeal as it was filed beyond the statutory period of 60 days plus a condonable period of 30 days, making it time-barred. The Tribunal upheld this decision, citing the Supreme Court's judgment in Singh Enterprises v. CCE, Jamshedpur, which stated that the appellate authority has no power to condone the delay beyond the extendable period. 2. Whether the Tribunal was correct in not considering the substantial issue of excess customs duty collected without the authority of law: The appellant contended that the Tribunal should have considered the issue of excess customs duty collected without the authority of law. They argued that the goods imported should have been classified under CTH 40012200, attracting a lower duty rate, rather than CTH 40011010. However, the Tribunal dismissed the appeal on the grounds of limitation without addressing the merits of the case. The appellant's reliance on the Supreme Court's judgment in M.P. Steel Corporation v. Commissioner of Central Excise was rejected as it did not apply to their case since they had not prosecuted the appeal in another court or forum. 3. Whether the Tribunal's decision should be set aside in light of authoritative pronouncements: The appellant cited the Bombay High Court's decision in Hero Cycles v. UOI, which was approved by the Supreme Court, arguing that the Tribunal's decision should be set aside. However, the court held that the Commissioner of Customs (Appeals) and CESTAT were bound by the statutory provisions, which did not allow for condonation of delay beyond the prescribed period. The court found no reason to apply the cited judgment to the appellant's case. 4. Whether the Tribunal committed judicial indiscipline by not following the decision of a coordinate bench: The appellant argued that the Tribunal committed judicial indiscipline by not following the decision of a coordinate bench in Gabriel India Ltd. v. CC (Imports) Nhava Sheva. However, the court held that the Tribunal's observation regarding the internal memorandum dated 20.02.2007 did not render the time-barred appeal entertainable. The court emphasized that the statutory provisions regarding the period of limitation must be adhered to, and any observation by the Tribunal cannot override these provisions. Conclusion: The court dismissed the appeal, affirming that the Commissioner of Customs (Appeals) and CESTAT had no power to condone the delay beyond the extendable period. The substantial questions of law raised by the appellant were not held in their favor. The appellant was advised to work out their remedy in accordance with the law for any refund application.
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