1987 (6) TMI 193 - AT - Customs

Summary

Issues:
1. Delay in filing Reference Application and application for condonation of delay.
2. Jurisdiction of the Tribunal to condone the delay in filing the Reference Application beyond the statutory period.
3. Interpretation of the proviso to Section 130(1) of the Customs Act, 1962 regarding condonation of delay.
4. Applicability of Section 5 of the Limitation Act, 1963 in condoning the delay.

Analysis:
1. The case involved a Reference Customs Application filed by a deceased individual, with a delay in its presentation. The legal representatives of the deceased sought to be impleaded in the proceedings, filing an application for condonation of delay. The Tribunal considered the affidavit supporting the delay and, after hearing the counsel, condoned the delay, allowing the legal representatives to continue the proceedings.

2. The Reference Application was filed beyond the statutory period prescribed under Section 130(1) of the Customs Act, 1962, and also beyond the condonable period. The question arose whether the Tribunal had the power to condone the delay of 4 days in filing the Reference Application. The counsel argued for the Tribunal's jurisdiction to condone the delay, invoking Section 5 of the Limitation Act, 1963, emphasizing the need for substantial justice. The Tribunal deliberated on the submissions and considered relevant case laws.

3. The Tribunal analyzed the statutory provisions and authoritative pronouncements, including a Supreme Court ruling on a similar matter involving the Motor Vehicles Act. It was highlighted that the proviso to Section 130(1) of the Customs Act imposed a restriction on condoning delays beyond the specified period. The Tribunal emphasized that statutory bodies like the Tribunal are bound by limitations set in statutes, and the proviso did not confer authority to condone delays beyond the stipulated period.

4. The Tribunal distinguished cases cited by the counsel, emphasizing the restrictive nature of the proviso to Section 130(1) and the lack of inherent powers for statutory bodies to condone delays beyond prescribed limits. It was held that the Reference Application, filed beyond the condonable period, was not sustainable under the law and was rejected in accordance with the proviso to Section 130(1) of the Customs Act, 1962. The judgment underscored the importance of adhering to statutory limitations in proceedings before statutory bodies like the Tribunal.