2009 (6) TMI 522 - HC - Customs

Limitation- This Writ Petition is directed against the order by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Bangalore in exercise of its power under Section 129B of the Customs Act, 1962 dismissing the application seeking condonation of delay of 58 days in preferring the appeal, stay application and also the appeal filed against the order dated 3-1-2006 passed by the Commissioner of Customs and Central Excise. Held that- High Court has no power to condone the delay. But in the instant case, sub-section (5) of section 129A empowers the Appellate Authority to condone the delay for just and valid reason, which in our considered opinion, has not been properly exercised by the appellate authority as already observed. Thus allow the petition and matter is remitted to the Appellate Authority.

Summary

Issues involved:
Condonation of delay in filing an appeal before the Appellate Authority under Section 129A of the Customs Act, 1962.

Analysis:
The judgment involves a Writ Petition challenging an order of the Customs, Excise and Service Tax Appellate Tribunal dismissing an appeal due to a delay of 58 days in filing. The Appellate Authority refused to condone the delay, citing negligence and lack of explanation for the delay. The petitioner argued that the delay was due to the company facing financial difficulties, closure of operations, and lack of knowledgeable staff to handle the matter. The petitioner contended that the Appellate Authority failed to exercise its power under Section 129A(5) of the Customs Act to condone the delay. The court noted a Supreme Court decision regarding the limitation period for appeals and references, emphasizing that the legislature provided sufficient time for filing references to the High Court. The court distinguished the present case from the Supreme Court decision, stating that the Appellate Authority had the power to condone the delay under Section 129A(5) of the Customs Act. Therefore, the court allowed the Writ Petition, setting aside the Appellate Authority's order and remitting the matter for a fresh consideration on merits.

This detailed analysis delves into the circumstances leading to the delay, the legal provisions governing the condonation of delay, and the court's interpretation of the applicable law in the context of the case.