2005 (10) TMI 197 - AT - Central Excise

Tribunal condones delay in Revenue's appeals due to administrative exigency under Section 35B

COMMISSIONER OF CENTRAL EXCISE, KANPUR Versus LML LTD.

The Tribunal allowed the application for condonation of delay by the Revenue in filing appeals due to administrative exigency related to the constitution ... Appeal by department - Limitation - Delay in filing - Condonation of Issues:Condonation of delay in filing appeals by the Revenue due to administrative exigency.Analysis:The case involved an application for condonation of delay of 62 days in filing appeals by the Revenue. The ground put forth for condonation of delay was the constitution of a Committee by the Board under sub-section (1B) of Section 35B of the Central Excise Act, 1944. The Committee had to form an opinion for filing an appeal to the Appellate Tribunal against the order passed by the Appellate Commissioner. The delay was attributed to administrative exigency as the Committee was constituted after the period of limitation had already begun. The delay was also compounded by the registry's objection that two separate appeals should have been filed for two orders-in-original, causing further delay. The Applicant's Authorized Representative explained that administrative issues delayed the review process until 1-7-2005.The respondent argued that the period of limitation had expired before the transfer of the Commissioner and the new Commissioner taking over, implying that the administrative changes were irrelevant to the delay. However, the Tribunal was satisfied with the reasons provided by the Applicant for the delay. It was acknowledged that the delay was due to administrative exigency, particularly the formation of the Committee under Section 35B. The Tribunal noted that the delay was caused by the need for the Committee to review the matter and make a decision on filing the appeal. The registry's initial objection regarding the need for separate appeals for two orders-in-original also contributed to the delay.After considering the submissions and the reasons for the delay, the Tribunal found that the Applicant had provided sufficient grounds for condoning the delay in filing the appeals. Consequently, the application for condonation of delay was allowed, and the delay in filing the appeals was condoned. The Tribunal disposed of the application accordingly, emphasizing the administrative issues that led to the delay in filing the appeals.