2012 (10) TMI 457

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....al Excise Act for condonation of 726 days' delay in filing the appeal. 2. Before deciding the said application, it may be advantageous to notice the facts. The assessee is engaged in the manufacture and export of Nylon, Polyester/Blended Yarn. As per the provisions of Export Import Policy and Customs notification dated 3.6.1997, the assessee could import capital goods and raw material without payment of duty. It was required to utilize the imported goods and raw material in the manufacture of goods meant for export. The assessee imported yarn without payment of customs duty. The appellant was granted permission by the Assistant Commissioner of Central Excise to get the yarn processed from outside job workers who cleared 229.207 MT nylon ....

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....he date of receipt of order. Hence, there was a delay of 726 days in filing the appeal before this Court. 4. Examining the legal position relating to condonation of delay under Section 5 of the Limitation Act, 1963, it may be observed that the Hon'ble Supreme Court in Oriental Aroma Chemical Industries Ltd. v. Gujarat Industrial Development Corporation and another, (2010) 5 SCC 459 laying down the broad principles for adjudicating the issue of condonation of delay, in paras 14 & 15 observed as under:- "14. We have considered the respective submissions. The law of limitation is founded on public policy. The legislature does not prescribe limitation with the object of destroying the rights of the parties but to ensure that they do not r....