2019 (4) TMI 143 - AT - Customs

Condonation of delay of 7 days in filing appeal - Held that - The appeal was filed beyond the statutory period of sixty days, but within the condonable period of 30 days. Accordingly, the delay in filing the appeal before the lower appellate authority is hereby condoned - matter remanded to the ld.Commissioner (Appeals) for deciding the issue on merits - appeal allowed by way of remand.

Summary

Issues: Appeal against Order-in-Appeal No.Kol.Cus.(CCP)/AA/665/2018 dated 03.04.2018.

The judgment by the Appellate Tribunal CESTAT KOLKATA involved a case where the appellant had filed an appeal against an Order-in-Original dated 30.03.2017 after a delay of seven days. The tribunal noted that the appeal was filed beyond the statutory period of sixty days but within the condonable period of thirty days. Consequently, the delay in filing the appeal before the lower appellate authority was condoned. The Commissioner (Appeals) had not decided the issue on merit but rejected it as time-barred. Therefore, the tribunal set aside the impugned order and remanded the matter to the Commissioner (Appeals) for deciding the issue on merits. It was emphasized that both parties should be given a reasonable opportunity to present their cases and produce evidence in support. Ultimately, the appeal was allowed by way of remand, providing a chance for the appellant to have the issue decided on its merits.

This judgment highlights the importance of adhering to statutory timelines for filing appeals while also recognizing the provision for condonation of delay within a specified period. It underscores the principle of providing a fair opportunity for both parties to present their cases and submit evidence before a decision is made on the merits of the issue. The tribunal's decision to remand the matter to the lower appellate authority signifies the commitment to ensuring that cases are decided based on their substantive merits rather than procedural technicalities.