2007 (5) TMI 248 - HC - Customs

Summary

Issues:
1. Delayed application for restoration of appeal based on non-deposit of penalty.
2. Tribunal's jurisdiction to restore appeals after dismissal.

Analysis:

Issue 1: Delayed application for restoration of appeal based on non-deposit of penalty
The petitioner's premises were searched in 1991, leading to confiscation of excess silver. Subsequently, an appeal was filed to the Customs, Excise & Gold (Control) Appellate Tribunal, which required a pre-deposit of Rs. 5 lacs by September 1998. However, the petitioner failed to deposit the amount within the specified time frame, resulting in the dismissal of the appeal. Years later, in 2007, the petitioner submitted an application to the Customs, Excise & Service Tax Appellate Tribunal, seeking restoration of the appeal as he had now arranged the required amount. The Tribunal dismissed this application on the grounds of the significant delay in seeking restoration, leading to the filing of the present petition.

Issue 2: Tribunal's jurisdiction to restore appeals after dismissal
The petitioner's counsel referred to a judgment of a Division Bench of the Gujarat High Court, highlighting the Tribunal's authority to restore appeals post-dismissal due to non-deposit of penalties or duties demanded. The Gujarat High Court's decision emphasized the importance of timely action in seeking restoration. In the present case, the Tribunal had granted time until April 1999 for the petitioner to make the pre-deposit, which was not fulfilled. Despite the petitioner eventually arranging the required amount after almost eight years, the Tribunal rightly dismissed the appeal, aligning with the principle of timely compliance with orders. The High Court upheld the Tribunal's decision, emphasizing the significance of adhering to prescribed timelines in legal proceedings.

In conclusion, the High Court dismissed the petition, affirming the Tribunal's decision to reject the belated application for restoration of the appeal. The judgment underscores the criticality of timely compliance with legal directives and the consequences of significant delays in seeking remedies in judicial matters.