2002 (5) TMI 131 - AT - Customs

Summary

Issues:
Condonation of delay in filing an appeal before CEGAT.

Analysis:
The Revenue sought condonation of a 590-day delay in filing an appeal, attributing the delay to administrative issues where the original case file could not be located promptly. The Commissioner filed an Affidavit explaining the delay, but it was not attested before the Oath Commissioner. The time chart provided showed the delay to be 619 days, while the Affidavit stated it as 590 days. Another affidavit supposed to be submitted by a staff member responsible for the delay was missing. The Tribunal heard arguments from the Revenue's representative and Counsel for the case.

Upon examination, the Tribunal noted that the delay could not be condoned. The time chart revealed significant delays by individuals handling the files, ranging from 20 to 321 days. The Tribunal emphasized the need for diligence and no negligence in filing appeals, requiring satisfactory and genuine reasons for condonation of delay. In this case, the reasons provided were deemed insufficient, with no satisfactory explanation from the individuals responsible for the prolonged retention of files. Citing a precedent where the Supreme Court rejected a similar appeal due to inadequate reasons, the Tribunal rejected the application for condonation of delay, consequently dismissing the appeal and the stay application.