2011 (1) TMI 1021 - AT - Customs

Condonation of delay - suspension of operation of the CHA licence - Held that - As appellant submits that he was under the impression that a separate appeal against the Commissioner s order was not necessary inasmuch as an appeal had already been filed against the Commissioner s earlier order of suspension of operation of the licence. Conspicuously, this ground is missing in the condonation-of-delay application and hence cannot be considered. Moreover, there is even no attempt on the part of the appellant to explain the delay of the appeal beyond the period of limitation prescribed under the statute. The appellant is said to have been suffering from depression . From which date was he suffering from depression is not forthcoming, nor any medical certificate has been produced in support of the plea. COD application dismissed.

Summary

Issues: Delay in filing appeal against suspension of Customs House Agent (CHA) license.

Analysis:
1. The appeal and application were filed by M/s M.K. Shipping Service, a Customs House Agent, challenging the suspension of their license by the Commissioner of Customs (General), Mumbai. The appeal was filed with a delay of six months and six days, with the appellant citing reasons of depression and family problems for the delay.

2. The appellant claimed to have a 'good prima facie case and excellent chance of success in the Appeal' and argued that failure to condone the delay would result in 'undue hardship and financial loss.' However, the grounds for delay mentioned in the application were not considered sufficient by the tribunal.

3. The appellant's counsel argued that they believed a separate appeal against the Commissioner's order was not necessary as an appeal had already been filed against an earlier order. This argument was not accepted by the tribunal as it was not mentioned in the delay condonation application and no valid explanation was provided for the delay beyond the statutory limitation period.

4. The tribunal noted that the appellant, being a Customs House Agent, should be familiar with the Customs Act and its rules, and therefore, ignorance of the requirement to file a separate appeal was not a valid excuse. The tribunal found the reasons of 'depression' and 'family problems' insufficient to justify the significant delay in filing the appeal.

5. Ultimately, the tribunal dismissed the condonation of delay application and consequently dismissed the appeal as time-barred. The judgment highlighted that the appellant's reasons did not constitute sufficient cause for condoning the delay, emphasizing the importance of adhering to statutory timelines in legal proceedings.