2004 (10) TMI 199 - AT - Customs

Summary

Issues: Condonation of delay in filing an appeal, misdeclaration of imported machinery, imposition of penalties and fines, prima facie case on merits, liberal approach in deciding condonation of delay.

In this case, the appellants, engaged in the manufacture of jute products, imported second-hand machineries for modernizing their jute mill. The Commissioner of Customs confiscated the goods, enhanced their value, and imposed fines and penalties due to misdeclaration. The appellants filed an appeal after a delay of 98 days, seeking condonation based on various grounds, including being engaged in adjudication and appeal proceedings for other imports. The appellants argued they had a prima facie case on merits and cited case laws for a liberal approach in condonation of delay.

The appellants explained that the delay in filing the appeal was due to the despatch of the adjudication order after a significant lapse of time, clerical oversight, and engaging a customs law Counsel. They were also occupied with adjudication proceedings for other imports. The appellants cited case laws emphasizing the need for a liberal approach in condonation of delay to prevent meritorious matters from being dismissed at the initial stage, hindering the cause of justice.

The learned SDR contended that the appellants lacked a prima facie case and failed to sufficiently justify the delay in filing the appeal. However, upon careful consideration, the Tribunal found that the appellants had a prima facie case and provided a justifiable explanation for the delay. The Tribunal noted the appellants' involvement in adjudication and appeal proceedings for similar items before the Additional Collector, leading them to condone the delay of 98 days and allow the condonation of delay in filing the appeal.