1989 (2) TMI 228 - AT - Central Excise

Customs appeal dismissed due to delay: negligence found, need for sufficient cause, citing legal precedents.

The Tribunal dismissed the appeal filed by the Collector of Customs seeking condonation of delay in filing under the Customs Act, 1962. Despite citing ... Condonation of delay Issues:- Condonation of delay in filing an appeal under the Customs Act, 1962.Analysis:1. The Collector of Customs filed an appeal challenging an order by the Collector of Customs (Appeals). The appeal was presented after the prescribed time limit, seeking condonation of delay. The appellant cited administrative reasons, such as file misplacement due to officer transfers, for the delay. The appellant argued for condonation, referencing a Supreme Court judgment stating that not every day's delay needs to be explained.2. The Respondent contended that the appeal was time-barred due to negligence on the appellant's part. They highlighted letters sent to Revenue authorities showing their vigilance. The Respondent's advocate cited judgments where delays were not condoned due to similar circumstances. They argued that the appellant failed to substantiate the request for condonation of delay.3. The appellant's representative reiterated the request for condonation, attributing the delay to file misplacement and administrative issues. They argued that the Supreme Court judgment cited by the Respondent did not establish legal principles. However, the Respondent maintained that the delay was inexcusable.4. The Tribunal examined the facts, noting a 45-day delay in filing the appeal. The appellant's plea for condonation was based on administrative reasons, including file mix-ups and officer transfers. The Tribunal referenced legal precedents emphasizing the need for a sufficient cause to condone delay, especially after the limitation period expires. The Tribunal found negligence on the appellant's part and dismissed the application for condonation.5. The Tribunal referred to various judgments, including those by the Supreme Court and previous Tribunal decisions, to support its decision. They emphasized the importance of showing sufficient cause for delay and the discretion of the court in condoning delays. Based on the judicial pronouncements and precedents, the Tribunal rejected the application for condonation of delay and dismissed the appeal as time-barred.6. As a result, the Tribunal dismissed the appeal on the grounds of being time-barred without delving into the merits. The stay application was also dismissed following the rejection of the appeal and the application for condonation of delay.