2013 (7) TMI 1040 - HC - Central Excise

Dismissal of Appeal for Delay in Central Excise Matter - Section 14 Limitation Act Not Applicable

Sunil Kumar Gupta Versus Commissioner

The High Court dismissed the appeal seeking condonation of delay in a Central Excise matter, ruling that Section 14 of the Limitation Act was not ... - Issues involved: Condonation of delay u/s Section 14 of the Limitation Act in a Central Excise matter.Summary:The appeal was filed against the Tribunal's decision to dismiss it as time-barred. The appellant sought condonation of delay due to pursuing a writ petition earlier, but the Tribunal did not find this explanation sufficient. The High Court examined whether the Tribunal exercised its jurisdiction judiciously.The High Court held that the question was not about condonation of delay but about the exclusion of time u/s Section 14 of the Limitation Act. It noted that the Central Excise Act does not expressly exclude the Limitation Act's applicability. However, it concluded that even if Section 14 of the Limitation Act applied, it would not be relevant in this case. Section 14 deals with excluding time when proceeding bona fide in a court without jurisdiction, which was not the case here.Referring to a Supreme Court decision, the High Court stated that it did not provide a ratio on applying Section 14 of the Limitation Act to Central Excise matters. The decision was considered an order under Article 142 of the Constitution, not a legal precedent under Article 141. As no legal point was decided in that case, it was deemed inapplicable to the present situation.Ultimately, the High Court dismissed the appeal, ruling that the provisions of Section 14 of the Limitation Act were not applicable in the Central Excise matter at hand.