1994 (12) TMI 219 - AT - Customs

Issues Involved:
1. Condonation of delay in filing the Reference application.
2. Jurisdiction of the Tribunal to condone delay beyond 30 days.
3. Compliance with directions of the Delhi High Court.
4. Applicability of precedents and statutory provisions.

Detailed Analysis:

1. Condonation of Delay in Filing the Reference Application:
The appellant, M/s. Surekha Coated Tubes and Sheets Ltd., filed a Reference application on 28th September 1994, after a delay of 194 days from the last permissible date of 18th March 1994. The appellant sought condonation of this delay, citing that they had initially challenged the Tribunal's order before the Delhi High Court, which directed them to file the Reference application along with a condonation request. The appellant argued that the Tribunal should consider the limitation period liberally due to these circumstances and cited various judgments to support their plea.

2. Jurisdiction of the Tribunal to Condon Delay Beyond 30 Days:
The respondent, represented by Shri K.K. Jha, argued that the Tribunal lacks the power to condone delays beyond 30 days as per the Proviso to sub-section (1) of Section 130 of the Customs Act, 1962. He emphasized that the Tribunal is a statutory body bound by the limitations set forth in the statute, and therefore, the application for condonation of delay should be rejected without considering the merits of the Reference application.

3. Compliance with Directions of the Delhi High Court:
The appellant contended that the Tribunal should follow the Delhi High Court's directions, which suggested filing an application for condonation of delay. However, the Tribunal noted that the High Court had not condoned the delay itself but had left the matter to the Tribunal's discretion. The Tribunal reiterated that it must operate within the statutory framework and cannot exceed the powers granted by the Customs Act.

4. Applicability of Precedents and Statutory Provisions:
The Tribunal examined various precedents cited by both parties. The appellant referenced the judgment in Metro Exporters Ltd. v. CEGAT, which suggested no outer limit for filing a condonation application. However, the Tribunal distinguished this case, noting that the Customs Act explicitly limits the condonation period to 30 days. The Tribunal also referred to the Supreme Court's rulings in Miles India Ltd. v. Asstt. Collector of Customs and CCE v. Doaba Sugar Mills, which underscored the importance of adhering to statutory limitations.

The Tribunal further cited the Madras High Court's decision in K. Muthuswamy Pillai v. Income Tax Appellate Tribunal, which emphasized that statutory authorities cannot extend limitation periods beyond what is prescribed by the statute. The Tribunal concluded that it does not have the jurisdiction to condone delays beyond 30 days, as explicitly stated in the Customs Act.

Conclusion:
In light of the above analysis, the Tribunal dismissed the application for condonation of delay, citing its lack of jurisdiction to condone delays beyond the statutory 30-day period. Consequently, the Reference application was also dismissed as it was time-barred. The Tribunal did not delve into the merits of the Reference application or the questions of law proposed by the appellants.

Result:
The application for condonation of delay and the Reference application were both rejected. The order was directed to be sent for publication.

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