2016 (1) TMI 960 - HC - Customs

Condonation of delay in filing an appeal before tribunal - Export of prohibited goods - The goods were declared as Indian Artistic Wooden Handicrafts , but on interception by Intelligence, the container was found to contain red sander wood logs - Held that - The fact remains that the summons from the Criminal Court could not be served on the appellant, as he left the services of the erstwhile employer, and only after issuance of the Non-Bailable Warrant (NBW), the appellant has appeared before the Court. It is unlikely that the appellant should have taken his personal liberty so lightly in not appearing on summons, when he was functioning in a responsible position, as a Branch Manager. Therefore, the contention that he was not aware of the adjudication proceedings and that is why, there is a delay in filing the application for condonation of delay must be true. In any event, the delay is only 217 days, and the reasons for the delay have been convincingly explained before this Court. Therefore, the CESTAT should have condoned the delay and should have given an opportunity to the appellant, to contest the case, on merits - Matter remanded back to tribunal.

Summary

Issues involved:
Challenge to dismissal of application for condonation of delay by CESTAT without proper reasoning and consideration of submissions made; Whether the reasons provided by CESTAT for dismissing the application are sufficient in the eye of law; Whether delay in approaching CESTAT was willful; Whether delay of 217 days should have been condoned by CESTAT; Adherence to principles of justice and opportunity for appellant to contest the case on merits.

Analysis:

1. Dismissal of Application for Condonation of Delay:
The appellant challenged the dismissal of the application for condonation of delay by CESTAT without proper reasoning and consideration of submissions made. The appellant contended that the CESTAT did not appreciate the submissions on facts and law, and failed to consider the decisions relied upon. The appellant argued that the lack of reasons in the judgment rendered it non-est in the eye of the law. The appellant emphasized that the reason is crucial in a judgment, and the appeal should be allowed due to this deficiency.

2. Sufficiency of Reasons for Dismissal:
The key issue raised was whether the reasons provided by CESTAT for dismissing the application for condonation of delay were sufficient in the eye of the law. The CESTAT had stated that there was no material to suggest the appellant's whereabouts after leaving his employer, implying that the delay was an attempt to keep the matter alive without valid reason. This reasoning was challenged before the Court, questioning its adequacy and compliance with legal standards.

3. Willfulness of Delay:
The second respondent argued that the delay in approaching CESTAT was willful, justifying the dismissal of the application for condonation of delay. However, the appellant contended that the delay was due to not being aware of the adjudication proceedings after leaving his employer. The Court found that there was no evidence to support the claim of willfulness, especially considering the circumstances under which the appellant became aware of the proceedings.

4. Condonation of Delay:
The Court considered whether the delay of 217 days should have been condoned by CESTAT. The appellant had convincingly explained the reasons for the delay, including not being aware of the adjudication proceedings until a prosecution was launched. The Court noted that the delay was not substantial and should have been condoned, especially in light of legal principles that advocate a justice-oriented approach and advancing substantial justice.

5. Principles of Justice and Opportunity to Contest:
The Court emphasized the importance of affording the appellant an opportunity to contest the case on merits, citing various legal precedents that highlight the need for a pragmatic approach in legal proceedings. The Court set aside the order of CESTAT, condoned the delay, and remitted the matter back to CESTAT for a hearing on the merits of the case and appropriate orders in accordance with the law.

Overall, the judgment focused on the procedural aspects of the case, particularly the dismissal of the application for condonation of delay by CESTAT, and underscored the importance of providing a fair opportunity for the appellant to present their case on merits.