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2013 (12) TMI 463 - AT - CustomsCondonation of delay - Maintainability of application in terms of Section 129DD read with Section 129A(1) of Customs Act, 1962 - Held that - applicants have filed a revision application before Joint Secretary, Govt. of India, Ministry of Finance, within the time-limit of three months prescribed under Section 129DD(1) of Customs Act, 1962 - The reference application may be filed within four weeks from date of order and if it so filed, the period between this date and date of filing shall not be taken into consideration in computing the period of limitation for filing an application under Section 35G - Following decision of Steel Authority of India Ltd. v. Collector of Central Excise 1995 (8) TMI 69 - SUPREME COURT OF INDIA - Delay condoned.
Issues: Condonation of delay in filing an appeal before the Appellate Tribunal.
The judgment pertains to an application for condonation of delay of 22 months and 15 days in filing an appeal before the Appellate Tribunal. The applicant's contention was that they initially requested the department to convert 3 shipping bills to drawback shipping bills, which was rejected by the Commissioner. Subsequently, they filed a revision application before the Joint Secretary within the prescribed time limit under Section 129DD(2) of the Customs Act, 1962. The Joint Secretary rejected their revision application, stating it was not maintainable under the relevant sections of the Act. The delay in filing the appeal before the Tribunal was attributed to the mistaken belief that they had filed before the correct forum. The applicants relied on the decision of the Supreme Court in the case of Steel Authority of India Ltd. v. Collector of Central Excise to support their contention. The Tribunal noted that the applicants had indeed filed the revision application before the Joint Secretary within the three-month time limit as prescribed under Section 129DD(1) of the Customs Act, 1962. Citing the Supreme Court's decision in the case of Steel Authority of India Ltd., the Tribunal held that the period between the date of filing the revision application and the date of filing the appeal should not be considered in computing the period of limitation. Therefore, the Tribunal decided to condone the delay of 22 months and 15 days in filing the appeal before the Appellate Tribunal. The miscellaneous application for condonation of delay was allowed. In conclusion, the judgment dealt with the issue of condonation of delay in filing an appeal before the Appellate Tribunal due to the mistaken belief of filing before the wrong forum. The Tribunal, following the precedent set by the Supreme Court, allowed the condonation of delay and accepted the appeal.
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