Tribunal denies condonation of delay in rectification application, citing statutory limitations.

The Tribunal dismissed the application for condonation of delay in filing an application for rectification of mistake in Final Order, citing that the reason for delay provided by the appellant was not sufficient. The Tribunal emphasized that it lacked the inherent power to extend the statutory period for rectification beyond what is specified in the Customs Act, 1962. The appellant's reliance on a specific case law was deemed inapplicable, and the application was ultimately dismissed.

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Issues: Application for condonation of delay in filing application for rectification of mistake in Final Order.

The judgment deals with an application for condonation of delay in filing an application for rectification of mistake in Final Order No. 50267/2019. The appellant received the Final Order on 1st March, 2019, and sought condonation of delay as the counsel was traveling abroad and the appeal could not be filed within the stipulated six-month period. The appellant relied on the case of Commissioner of Central Excise, Jammu & Kashmir v. Steel Strips Ltd. The Departmental Representative opposed the application, stating that the statute does not provide for such condonation and the reason for delay was not sufficient, being at the end of the limitation period.

Upon hearing both parties, the Tribunal observed that the time to file the application for rectification of mistake expired on 1st September, 2019, as per Section 129B(2) of the Customs Act, 1962. The Tribunal noted that the provision allows for a six-month period from the date of the order for rectification, either suo motu or on request of a party. The Tribunal emphasized that it has no inherent power to extend the period beyond what is specified in the statute.

Analyzing the merits of the application, the Tribunal found that the appellant approached the counsel only on 22nd August, 2019, when informed about the counsel's travel plans. The Tribunal concluded that the reason for seeking condonation of delay only applied to the last three days of the six-month period, which had already expired by 1st September, 2019. The Tribunal dismissed the application, stating that the absence of the counsel beyond 30th June, 2019, was not a sufficient cause for the appellant to delay pursuing the application diligently. The Tribunal also clarified that the case law cited by the appellant was not applicable to the current situation, as the cause shown was deemed insufficient. Consequently, the application for condonation of delay was dismissed.

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