By TIOL News Service

NEW DELHI, MAY 09, 2017: THE Customs Department has filed appeals against the common order of CESTAT - 2015-TIOL-3041-CESTAT-DEL and also seeks condonation of the delay of 364 days.

The explanation offered is -

2. Being aggrieved with the said impugned order, the appellant challenged the same before the Hon'ble Supreme Court by way of Civil Appeal. However, the same allowed to be withdrawn by the appellant vide Hon'ble Supreme Court's order Dated 27.11.2015 with the liberty to file appeal before the Hon'ble Delhi High Court within one month.

3. That even more delay was occasioned on account of reconstitution of Panel and the file was finally transferred to the present Counsel only in December, 2016.

4. That the certified copy of the order dated 27.11.2015 of the Hon'ble Supreme court was received by the application on 02.05.2016, where after the present appeal is being filed before this Hon'ble Court.

5. That in the process delay about 364 days has occurred in filing the present appeal which is neither intentional nor deliberate but due to the above said bonafide reasons.

6. That if the said delay is not condoned it would lead to irreparable loss to the applicant in terms of revenue.

Terming the above explanation as unsatisfactory, the High Court had directed the Revenue to file a better affidavit explaining the delay occasioned in the filing of the appeals.

When the matters were called out recently (two months after the above direction) the counsel for the Appellant stated that despite sending a long e-mail to the Department seeking the details for preparing the affidavit, he was yet to receive instructions.

The High Court, therefore, observed -

+ This itself shows how casually the Department is treating these matters.

+ The Supreme Court in its order dated 27th November, 2015 permitted the Department to withdraw the appeals and approach this Court after recording the statement of the Attorney General for India appearing for the Department that the appeals would be filed before this Court within one month from that date.

+ Therefore, the appeals were required to be filed not later than 26th December 2015 or at the latest the opening day of the Court in January 2016. The computerised log maintained by the Court shows that they were in fact filed on 10th January 2017.

+ The Court finds no reason why more time should be granted for filing a better affidavit particularly when there is already considerable unexplained delay in filing the appeals and more than two months' time was available to the Department since the previous hearing, to file a better affidavit.

+ No attempt has been made to give a satisfactory explanation for the inordinate delay, much less every day's delay, in filing the appeals. The Court, therefore, declines to condone the delay of 364 days in filing the appeals.

The appeals and the applications were dismissed.

In passing : Keywords - 15 crores Drawback case by DRI…the blame game begins…!

(See 2017-TIOL-865-HC-DEL-CUS)