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2019 (6) TMI 578 - HC - CustomsCondonation of delay of 485 days in filing the accompanying appeal - HELD THAT - The delay in filing the appeal has been sufficiently explained. It is not a case of negligence on the part of the Revenue in taking steps to file an appeal from the impugned order of the Tribunal dated 18th April, 2017. The notice of motion allowed.
Issues:
Condonation of delay in filing appeal from Customs, Excise, and Service Tax Appellate Tribunal's order dated 18th April, 2017. Analysis: The applicant filed an application seeking condonation of 485 days delay in filing the appeal from the Tribunal's order. The Court granted time to file an additional affidavit after finding insufficient explanation for the delay. The additional affidavit detailed the timeline of events following the receipt of the impugned order, including the restoration of the respondent's Custom Brokers License and the procedural steps taken to seek approval for filing an appeal. The delay was attributed to administrative processes within the Customs department, such as the transfer of officials and the subsequent approval requirements from higher authorities. The respondent's counsel strongly opposed the condonation of delay application, arguing that the explanation provided was unsatisfactory. However, the Court noted that the delay had been adequately explained in this case. It was highlighted that the delay was not due to negligence on the part of the Revenue in pursuing the appeal from the Tribunal's order. The Court found that the procedural delays caused by administrative processes within the Customs department were reasonable grounds for the delay in filing the appeal. Based on the detailed explanation provided in the additional affidavit and considering the circumstances surrounding the delay, the Court allowed the notice of motion in terms of the prayer clauses (a) and (b). The judgment emphasized the importance of evaluating the reasons behind the delay in filing appeals to ensure fairness and justice in legal proceedings.
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