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2025 (1) TMI 1269 - HC - CustomsPower of Customs Excise and Service Tax Appellate Tribunal (CESTAT) to condone the delay in filing the appeal - sufficient cause was made for not presenting the appeal within the said period - import of provisions of Section 129(a) of the Customs Act to condone the delay in filing the appeal under Section 128 of the Customs Act. HELD THAT - There is nothing untoward in the order of the Commissioner of Customs (Appeals) dated 13.10.2008 dismissing the appeal on the ground of delay as the Appellate Commissioner does not have the power to condone delay beyond 30 days. However the second appeal before the CESTAT also met with the same fate even though it was filed within the statutory time limit. The CESTAT ought to have looked into the matter on merits as the reasons for condonation of delay before the Commissioner are compelling. The Appellant s representation before the third respondent had been made on 22.08.2007 and admittedly no orders have been passed thereupon. Hence it is quite possible and plausible that the appellant might have been awaiting orders on the representation which delayed the filing of the statutory appeal. The impugned order of the CESTAT has taken note of none of the aforesaid parameters and has cursorily closed the appeal. The substantial questions of law that are admitted touch upon the aspect of limitation alone - the question of exemption must also be addressed which stands fully covered by the order of the CESTAT Bangalore dated 10.05.2006 2006 (5) TMI 371 - CESTAT BANGALORE in favour of the Appellant. Conclusion - The substantial questions of law regarding the limitation were answered in favor of the appellant. Appeal allowed.
ISSUES PRESENTED and CONSIDERED
The High Court of Madras considered the following core legal questions:
ISSUE-WISE DETAILED ANALYSIS 1. Delay in Filing the Appeal and Condonation of Delay The relevant legal framework involves Section 128 of the Customs Act, which specifies the time limits for filing appeals. The Court examined whether the Tribunal had the authority to condone delays beyond the statutory limit. The Court noted that the appellant, Food Corporation of India (FCI), had faced a delay of 323 days in filing the appeal. The appellant argued that the delay was due to awaiting the outcome of a similar case decided in their favor by the CESTAT Bangalore, and thus, the delay was justified. The Court found that the CESTAT should have considered the merits of the case, as the reasons for the delay were compelling. The Court emphasized that the appellant's expectation of a favorable order based on the precedent set by the CESTAT Bangalore was reasonable. 2. Application of Exemption Orders The Court analyzed whether the adhoc exemption order dated 26.07.1973 applied retrospectively to the appellant's case. The exemption order specifically mentioned the Vessel Kanishka, which carried the appellant's consignment. The Court rejected the argument that the exemption order could not apply because the vessel arrived before the order's issuance. The Court noted that the Ministry of Finance's intention was to extend the exemption to specified vessels, including Kanishka, as evidenced by the order's language. The Court concluded that the exemption order was intended to cover the appellant's consignment and that the denial of exemption was contrary to the order's express language. 3. Competency of Authorities in Processing Refund Applications The Court examined the validity of the Superintendent's order dated 25.08.1976, which denied the refund application. The Court found that the Superintendent was not the competent authority to decide on refund applications, which should have been handled by the Assistant Commissioner of Customs. Since the Assistant Collector had not passed any order on the appellant's refund application, the Court deemed the Superintendent's order invalid. SIGNIFICANT HOLDINGS The Court held that the substantial questions of law regarding the limitation were answered in favor of the appellant. The Court quashed the CESTAT's order dated 11.11.2013 and allowed the Civil Miscellaneous Appeal. The Court further directed that the refund sought by the appellant under the application dated 10.10.1973, amounting to Rs.1,46,66,016.44, be paid within six weeks from the receipt of the order. The Court concluded that the exemption issue was fully covered by the CESTAT Bangalore's order dated 10.05.2006, which favored the appellant. The Court did not frame a separate question of law on the exemption issue, as it did not arise directly from the Tribunal's order.
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