2013 (10) TMI 674 - AT - Customs

Appellate Tribunal Upholds Time Limits for Rectification, Rejects Revenue's Applications

The Appellate Tribunal rejected the Revenue's applications for rectification of mistake or modification of Final Order, emphasizing adherence to statutory ... Rectification of mistake - Section 129B - Held that:- on 31.7.2008 the Tribunal passed the final order under Section 129B (1) of the Act and the application were filed on 23.4.2013 - So, there is no provision of the Appellate Tribunal for modification of final order passed under Section 129B (1) of the Customs Act, 1962. However, Section 129B (2) of the said Act empowered the Appellate Tribunal to rectify the mistake apparent from the record within six months from the date of order - Decided in favour of assessee. Issues:Rectification of mistake or modification of Final Order passed by the Tribunal under Section 129B of the Customs Act, 1962.Analysis:The Revenue filed applications for rectification of mistake or modification of Final Order Nos. 806 to 811/2008 dated 31.7.2008 passed by the Tribunal. The Appellate Tribunal reviewed the case as per the provisions of Section 129B of the Customs Act, 1962. Section 129B(1) allows the Tribunal to pass orders after giving parties an opportunity of being heard. Section 129B(2) empowers the Tribunal to rectify any mistake apparent from the record within six months from the date of the order. In this case, the Tribunal passed the final order on 31.7.2008, and the applications for rectification were filed on 23.4.2013.The Tribunal noted that there is no provision for the modification of a final order passed under Section 129B(1) of the Customs Act, 1962. However, Section 129B(2) allows the Tribunal to rectify any mistake apparent from the record within six months from the date of the order. Since the applications for rectification were filed beyond the stipulated time frame, the Tribunal rejected all the applications as time-barred. The decision was made based on the statutory provisions outlined in the Customs Act, 1962.In conclusion, the Appellate Tribunal, in its judgment, emphasized the importance of adhering to the statutory timelines for seeking rectification of mistakes in final orders. The rejection of the Revenue's applications was based on the clear provisions of Section 129B of the Customs Act, 1962, which govern the timeline for rectification of mistakes by the Tribunal. The judgment underscores the significance of timely adherence to statutory provisions in legal proceedings to ensure the efficient administration of justice.