2015 (7) TMI 1150

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n the question of admission. Learned counsel for the appellant submits that the question involved in this appeal is squarely covered by the order dated 14-7-2014. The Division Bench of this Court vide order dated 14-7-2014 passed in M.A. No. 1133/2008 dismissed the central excise appeals. The order reads as under :- This order shall govern disposal of Central Excise Appeal Nos. 18, 31, 33....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is filed on 18-3-2008 with a delay of 226 days just to avoid any legal or technical objections. 4.  That, the delay is bona fide and deserves to be condoned by the Hon'ble Court. 5.  That, an affidavit in support of present application is annexed herewith. Thus, only explanation which is given is in para 3 of the application and that is "the present appeal is filed on 18-3-2008 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....harge of the case to justify the delay found that there was delay at every stage with no explanation for the cause of delay. The Supreme Court also took serious note of the casual manner in which the Government departments are functioning showing virtually no respect to the law of limitation. And, while dismissing the appeal on the ground of delay, the Supreme Court has made the following observat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt. Condonation of delay is an exception and should not be used as an anticipated benefit for Government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few." The aforesaid view has again been affirmed by the Supreme Court in case of State of Uttar Pradesh v. Amar Nath Yadav [(2014) 2 SCC 422]. In the circumstances, in the absence of....