Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
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Section 128 of the Customs Act permits an appeal within 60 days of communication of the order, with only a further 30 days available for condonation by the appellate authority; beyond that outer limit, the authority lacks jurisdiction to entertain the appeal. The High Court upheld the Commissioner (Appeals) and Tribunal in refusing to admit appeals filed after the statutory period. It further held that this limitation does not create an absolute bar to constitutional relief under Article 226. As the delay showed no deliberate inaction or lack of bona fides and the merits had never been examined, the Court condoned the delay subject to costs, set aside the appellate orders, and directed restoration of the appeal for fresh decision on merits.
Section 128 of the Customs Act permits an appeal within 60 days of communication of the order, with only a further 30 days available for condonation by the appellate authority; beyond that outer limit, the authority lacks jurisdiction to entertain the appeal. The High Court upheld the Commissioner (Appeals) and Tribunal in refusing to admit appeals filed after the statutory period. It further held that this limitation does not create an absolute bar to constitutional relief under Article 226. As the delay showed no deliberate inaction or lack of bona fides and the merits had never been examined, the Court condoned the delay subject to costs, set aside the appellate orders, and directed restoration of the appeal for fresh decision on merits.
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