2002 (1) TMI 1029 - AT - Customs

Tribunal Condoned Delay in Appeal Filing, Emphasized Bonafide Intentions

SHIWALYA SPINNING & WEAVING MILLS (P) LTD. Versus COMMR. OF CUS., AMRITSAR

The Tribunal allowed the Misc. Application for condonation of delay in filing the appeal before it. The applicants' genuine belief in settling the matter ... Appeal - Limitation - Delay of 89 days in filing appeal Issues:Condonation of delay in filing the appeal before the Tribunal.Analysis:The case involved two applications for condonation of delay in filing the appeal before the Tribunal. The applicants had imported 6 consignments of Acrylic Staple Fibre, initially cleared on payment of duty. Subsequently, Anti Dumping duty was found applicable, leading to a show cause notice and an impugned Order confirming duty, imposing penalties, redemption fine, and interest. The applicants deposited the interest amount and 25% of the penalty as per Customs Act provisions. They also filed a refund claim. The applicants, under a genuine belief, applied to the Settlement Commission for settlement, but the application was rejected. The applicants then filed the appeals within the statutory period after receiving the Settlement Commission's decision. The main contention was the delay in filing the appeal, which the applicants sought to justify under Section 14 of the Limitation Act, citing relevant legal precedents.Analysis:The opposing argument contended that the applicants cannot benefit from multiple proceedings and should have chosen either Settlement Commission or the Appellate Tribunal. Referring to the Settlement Commission's order, it was highlighted that the applicants had voluntarily paid duty, penalty, and interest before adjudication, suggesting acceptance of the Commissioner's Order. The opposition argued that the applicants failed to provide sufficient cause for condoning the delay in filing the appeals. In response, the applicants clarified that the penalty payment was made to avail benefits under the Customs Act provisions.Analysis:Upon considering both sides' submissions, the Tribunal noted that the applicants had approached the Settlement Commission within the stipulated 3-month period from the impugned Order. Drawing parallels to legal precedents like Pasupati Overseas case, where delay in filing appeals was condoned by resorting to Section 14 principles, the Tribunal found merit in the applicants' argument. The Tribunal emphasized the bonafide belief of the applicants regarding pending proceedings and their genuine attempt to settle the matter with the Settlement Commission. Relying on past judgments, the Tribunal concluded that the applicants had shown sufficient cause for the delay in filing the appeal and, therefore, allowed the Misc. Application to condone the delay. The matters were scheduled for hearing on a specified date following the Tribunal's decision.