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        Case ID :
        Central Excise

        Challenge to dismissal of an excise appeal and refusal to...

        Excise appeal delayed 98 days then restored after seven years; 'sufficient cause' rejected for negligence, petition dismissed

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                Challenge to dismissal of an excise appeal and refusal to restore the condonation application turned on whether "sufficient cause" existed for (i) the initial 98-day delay and (ii) the seven-year delay in seeking restoration. The record showed repeated negligence: belated filing, failure to file an affidavit despite directions, non-appearance, and an inordinate restoration delay. Financial constraint and closure of operations were treated as mere excuses, not a credible explanation, consistent with the principle that delay cannot be condoned absent bona fide diligence. The writ court found no grounds to interfere with the tribunal's discretionary refusal to condone/restore and dismissed the petition - HC
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