1990 (7) TMI 122 - HC - Customs

Reference to High Court Condonation of delay Sufficient cause Reference application Condonation of delay Interpretation of Statute

Summary

Issues:
Scope of Sections 128 and 130 of the Customs Act regarding delay in filing Reference Application.

Analysis:
1. The case involved a challenge to an order passed by the Customs, Excise & Gold (Control) Appellate Tribunal regarding the condonation of delay in filing a Reference Application under the Customs Act. The petitioners argued that the Tribunal exceeded its jurisdiction by condoning the delay and entertaining the Reference Application beyond the statutory limit.

2. The Senior Advocate for the petitioners contended that the applications filed for condonation of delay were not valid in law. He emphasized that the only application that could be considered was filed 201 days beyond the prescribed period, which was beyond the extended period of 30 days as per the Customs Act.

3. On the other hand, the respondent Customs Authorities argued that the Reference Application was filed within the extended period of 30 days, with only a 2-day delay. They maintained that there was no illegality in condoning the delay, as permitted by the Customs Act.

4. The Court examined Section 130(1) of the Customs Act, which sets out the timeline for filing Reference Applications and the provision for condonation of delay. It noted that the Reference Application was filed within the extended period of 30 days, with a minor delay of 2 days. The Court clarified that there is no outer limit for filing an application for condonation of delay under the Customs Act.

5. The Court distinguished between the provisions of Section 5 of the Indian Limitation Act and Section 130 of the Customs Act, emphasizing that the Customs Act provides a specific period for condonation of delay. It highlighted that the Tribunal's role is to consider the delay in filing the Reference Application, not the delay in filing the condonation application.

6. Referring to relevant Supreme Court judgments, the Court reiterated that the Tribunal must adhere to the provisions of the special statute, in this case, the Customs Act. It emphasized that the Tribunal has the authority to entertain applications for condonation of delay and consider sufficient cause for delays in filing Reference Applications.

7. Ultimately, the Court found no merit in the writ petition and rejected it, upholding the Tribunal's decision to condone the delay and proceed with the Reference Application. The Court concluded that there was no justification to interfere with the Tribunal's order, and no costs were awarded in the matter.