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2025 Supreme(Cal) 210

IN THE HIGH COURT AT CALCUTTA
RAJARSHI BHARADWAJ, UDAY KUMAR
CEXA No. 60 of 2024, IA No. GA 2 of 2024 – Appellant
Versus
Commissioner of Central Tax, CGST and Central Excise – Respondent


Advocates Appeared:
For the Appellants : N.K. Chowdhury, Nilotpal Chowdhury, Prabir Bera
For the Respondents: Vipul Kundalia, Anurag Roy, Dhirodatta Chaudhuri

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  • The Court emphasized that the interpretation of 'sufficient cause' under the Limitation Act must be liberal, prioritizing justice over rigid procedural adherence (!) .

  • The delay in filing the appeal was primarily due to the Appellant’s bona fide efforts to resolve the dispute through a State-sponsored amnesty scheme, which the Court found to be a valid and justifiable reason for the delay (!) (!) .

  • The Court acknowledged the extraordinary circumstances caused by the COVID-19 pandemic, which impacted the Appellant’s ability to monitor the public portal and respond within the usual time frames (!) (!) .

  • The Tribunal’s characterization of the delay as 'total negligence' was deemed overly technical and unjust, especially given the Appellant’s genuine attempt to settle the dispute and the circumstances of the delay (!) (!) .

  • The Court held that procedural rigidity should not result in the extinguishment of substantive rights, particularly when the delay was not deliberate or mala fide but rooted in bona fide efforts and external hardships (!) (!) .

  • The Court decided to condone the delay, imposing a nominal cost to balance the interests of justice and the inconvenience caused to the Revenue, and directed the restoration of the appeal for a full hearing on merits (!) (!) .

  • The appeal was allowed on the grounds that the delay was sufficiently justified, and the procedural approach of the Tribunal was deemed overly strict (!) .

  • The Court reaffirmed that the primary concern should be substantive justice, and procedural lapses should not automatically lead to the dismissal of rights, especially in cases involving genuine efforts to resolve disputes through statutory schemes (!) (!) .

  • The final order set aside the initial order dismissing the appeal, condoned the delay upon payment of costs, and directed the appeal to be restored for a hearing on its merits (!) .

These points collectively highlight the Court’s stance on balancing procedural rules with substantive justice, especially in complex cases involving external hardships and bona fide efforts.


JUDGMENT :

UDAY KUMAR, J.

1. This appeal, preferred by the Assessee under the statutory mandate of Section 35G of the Central Excise Act, 1944, assails the legality of Interim Order No. 142/2024 (Defect) dated 14.05.2024, passed by the Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Eastern Zonal Bench, Kolkata. By the said order, the learned Tribunal refused to condone a delay of 2262 days in filing the statutory appeal against the Order-in-Original, resulting in a summary dismissal of the Assessee’s plea upon the characterization of their inaction as "total negligence."

2. The timeline of the delay is bifurcated into two distinct phases. The statutory limitation for filing the appeal expired on 10.04.2018 however, the appeal was eventually preferred only on 28.03.2024 The Appellant sought to bridge this hiatus by pleading bona fide reliance upon the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS). An application under the said Scheme was filed on 18.12.2019, but the Appellant asserts that they remained oblivious to its rejection until late 2023.

3. The learned Tribunal dismissed the application on two primary grounds:

i. The period between the expiry of limi

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