2008 (9) TMI 317 - AT - Customs

Delay in filing an appeal period of limitation condonation of delay The word liberty to file the appeal before the appropriate court does not imply that the Commissioner (Appeals) can automatically condone the delay beyond the statutory period fixed in the statue. Therefore we have considered opinion that the Commissioner (Appeals) does not have power to condone the delay beyond the statutory period as held by the judgments cited by the learned SDR. The learned Counsel strongly relied on the judgments noted in the synopsis given by him. Held that the Tribunal has the power to condone the delay of indefinite period, provided there is sufficient cause to condone the delay and such power is not available to the Commissioner (Appeals). In view of this position, the impugned order is legal and proper. Therefore the appeal is dismissed.

Summary

Issues involved:
1. Time limitation for filing an appeal before the Commissioner (Appeals)
2. Power of the Commissioner (Appeals) to condone delay beyond statutory period

Analysis:

1. Time limitation for filing an appeal before the Commissioner (Appeals):
The case involved an appeal arising from an Order-in-Appeal dated 30-9-2005 against the Order-in-Original dated 23-3-1981, concerning the classification of imported goods. The appellant had initially filed a writ petition in the High Court of Delhi challenging the order, which was later withdrawn due to jurisdictional issues. The Commissioner (Appeals) rejected the appeal filed by the appellant, citing time limitation under Section 128 of the Customs Act, 1962. The appellant argued that the High Court of Delhi had given permission to seek an alternative remedy, justifying the appeal before the Commissioner (Appeals) and requesting condonation of delay. However, the Tribunal held that the High Court's permission did not imply automatic condonation of delay beyond the statutory period. The Tribunal emphasized that specific directions to condone the delay were not given by the High Court, leading to the dismissal of the appeal.

2. Power of the Commissioner (Appeals) to condone delay beyond statutory period:
During the proceedings, the learned SDR opposed the prayer for admitting the appeal by the Commissioner (Appeals) and referred to judgments emphasizing that the Commissioner (Appeals) does not have the power to condone delay beyond the period laid down in the statute. Citing the case law, it was highlighted that pursuing remedies before a wrong forum does not constitute sufficient cause for condoning delay. The Tribunal concurred with the SDR's arguments, stating that the Commissioner (Appeals) lacks the authority to condone delay beyond the statutory period. The Tribunal differentiated the case from those cited by the appellant, asserting that the Tribunal, unlike the Commissioner (Appeals), has the power to condone delay for an indefinite period if there is a valid reason. Consequently, the appeal was dismissed based on the legal position that the Commissioner (Appeals) cannot condone delay beyond the statutory period as per the relevant judgments and legal provisions.

In conclusion, the Tribunal upheld the decision of the Commissioner (Appeals) to reject the appeal due to time limitation and affirmed the legal stance that the Commissioner (Appeals) does not possess the authority to condone delay beyond the statutory period, as established by relevant case laws and legal provisions.