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2022 (12) TMI 777 - AT - CustomsCondonation of delay in filing appeal - appeal filed beyond the statutory period of filing the Appeal before the tribunal due to Covid 19 pandemic - Delay in filing of appeal before the Commissioner (appeals) - HELD THAT - The Order-in-Original dated 28.02.2019 was communicated to the Appellant on 07.03.2019 and accordingly he was required to file Appeal before the First Appellate Authority within 60(sixty) days i.e. on or before 07.05.2019, but however, the Appeal was filed only on 31.05.2019 i.e. after expiry of the statutory period of 60(sixty) days from the date of communication of the order - though the Appellant had filed Appeal beyond the statutory period of 60(sixty) days, but it was filed within the condonable period of 30(thirty) days. However, the Ld.Commissioner(Appeals) chose not to condone the delay and rejected the Appeal before him without going into the merits of the case. The limitation period has been calculated from the date of order instead of date of communication of the order - the delay in filing the Appeal before the Ld.Commissioner(Appeals) is condoned and it is found appropriate to remand the matter to the Ld.Commissioner(Appeals) for deciding the Appeal on merits without further visiting the aspect of limitation. The Appeal filed by the Appellant is allowed by way of remand to the Ld.Commissioner(Appeals).
Issues:
1. Delay in filing the appeal before the Tribunal. 2. Calculation of limitation period from the date of order instead of the date of communication of the order. 3. Condonation of delay in filing the appeal before the Ld. Commissioner (Appeals). 4. Remand of the matter to the Ld. Commissioner (Appeals) for deciding the appeal on merits. Analysis: 1. The appellant received the Order-in-Appeal on 20.08.2020 and was required to file the appeal on or before 20.11.2020. However, the appeal was filed on 30.12.2020, beyond the statutory period. The appellant mentioned in written submissions that due to the COVID-19 Pandemic, all compliances were extended till 31.12.2020. The Tribunal condoned the delay in filing the appeal due to the exceptional circumstances caused by the pandemic. 2. The Order-in-Original was communicated to the appellant on 07.03.2019, requiring the filing of an appeal within 60 days. The appeal was filed on 31.05.2019, beyond the statutory period but within the condonable period of 30 days. The Commissioner (Appeals) did not condone the delay and rejected the appeal without considering the merits. The Tribunal found the limitation period was calculated from the date of the order, not the date of communication, and decided to remand the matter to the Commissioner (Appeals) for a decision on merits without revisiting the aspect of limitation. 3. The Tribunal, under the circumstances, condoned the delay in filing the appeal before the Commissioner (Appeals) and directed a remand for a decision on merits. The appellant's appeal was allowed, and the Miscellaneous Application was disposed of, with both sides granted the opportunity to produce evidence in their favor. 4. The Tribunal emphasized granting a reasonable opportunity of hearing to the appellant and kept all issues open for further consideration by the parties. The decision was dictated and pronounced in the open court, ensuring transparency and procedural compliance in the judicial process.
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