1990 (3) TMI 170 - AT - Central Excise

Tribunal dismisses appeal due to delay without valid reasons, citing Supreme Court precedents

The Tribunal dismissed the appeal filed by the Collector of Central Excise, Bangalore, against an order by the Collector of Central Excise (Appeals). The ... Condonation of delay Issues:- Appeal against the order passed by the Collector of Central Excise (Appeals) filed by the Collector of Central Excise, Bangalore.- Application for condonation of delay in filing the appeal.- Plea for condonation of delay by the appellant.- Argument against condonation of delay by the respondent.- Examination of facts and circumstances by the Tribunal.- Interpretation of legal provisions regarding condonation of delay.- Application of precedents in similar cases.- Decision on the application for condonation of delay and subsequent dismissal of the appeal.Detailed Analysis:The judgment involves an appeal filed by the Collector of Central Excise, Bangalore, against an order passed by the Collector of Central Excise (Appeals). The appeal was received with an application for condonation of delay due to the appellant's claim of needing time to ascertain the legal position before filing. The appellant argued that there was no negligence or wilful neglect in filing the appeal, citing a Supreme Court judgment to support the plea for condonation of delay.On the other hand, the respondent contended that the appeal was time-barred and did not warrant condonation of delay. The Tribunal examined the facts, including the reason provided in the application for condonation of delay, which stated that the delay was due to correspondence with lower staff to gather additional details. However, the Tribunal noted that this reason alone did not constitute sufficient cause for condonation of delay.The Tribunal referred to relevant Supreme Court judgments, emphasizing the need for a party to explain each day's delay after the expiration of the limitation period. The judgment highlighted that mere inter-departmental correspondence and processing were not considered sufficient cause for condonation of delay. Additionally, the Tribunal cited precedents where delays were not condoned due to lack of a valid reason.Ultimately, the Tribunal held that the appellant was not prevented by sufficient cause in the late filing of the appeal. Consequently, the application for condonation of delay was rejected, leading to the dismissal of the appeal on the grounds of being time-barred. The Tribunal decided not to delve into the merits of the case due to the dismissal based on limitation issues.