2021 (8) TMI 1111 - AT - Central Excise

Appeal Dismissed for Late Filing: Statutory Time Limit Crucial

The appeal was dismissed by the Commissioner (Appeals) due to being filed 59 days beyond the statutory time limit. Relying on precedents from the Supreme ... Maintainability of appeal - time limitation - statutory time limit prescribed for filing the appeal was expired - HELD THAT:- The appeal was not preferred by the appellant before the office of Learned Commissioner (Appeals) within the stipulated time frame and also within the condonable period prescribed in the Statute - Since the Appellate Authority is a creature under the statute, the statutory mandates are strictly required to be complied by him. Since the appeal was dismissed by him on the ground of limitation, there are no infirmity in the said order passed by the Commissioner (Appeals). Appeal dismissed. Issues: Appeal dismissed on the ground of limitationAnalysis:1. The appeal was dismissed by the Learned Commissioner (Appeals) based on the ground of limitation. The appellant received the adjudication order on 21.07.2017, and the statutory time limit for filing the appeal expired on 20.09.2017. However, the appellant filed the appeal with a delay of 59 days, leading to the rejection of the appeal on the ground of limitation.2. The Learned Commissioner (Appeals) relied on various judgments to support the decision, including those of the Hon'ble Supreme Court and High Courts. The judgments cited were Singh Enterprises 2008 (221) ELT 163 (S.C.), Shanti Alloys 2010 (255) ELT A48 (S.C.), Makjai Laboratories Pvt. Ltd. 2011 (274) ELT 48 (Bom), and D.R. Industries Ltd. 2008 (229) ELT 24 (Guj.). These judgments were crucial in establishing the legal basis for rejecting the appeal due to the delay in filing.3. The Appellate Tribunal, upon reviewing the case records, found that the appeal was not submitted within the stipulated time frame or the condonable period as per the Statute. As the Appellate Authority is mandated to strictly adhere to statutory requirements, the dismissal of the appeal by the Commissioner (Appeals) on the ground of limitation was deemed appropriate and in line with legal provisions.4. The Tribunal concluded that the judgment relied upon by the Commissioner (Appeals) was directly applicable to the case, supporting the rejection of the appeal on the basis of limitation. Consequently, the appeal filed by the appellant was found to lack merit and was dismissed accordingly.