2003 (12) TMI 432 - AT - Central Excise

Summary

Issues:
1. Appeal for waiver of pre-deposit of Central Excise duty.
2. Dismissal of the Appeal by the Commissioner (Appeals) on the ground of being time-barred.
3. Consideration of delay in filing the Appeal as per the High Court's direction.

Analysis:
1. The case involved an application by M/s. Hindustan Power Instruments (Pvt.) Ltd. for the waiver of pre-deposit of Central Excise duty amounting to Rs. 74,144.94 paise.

2. The Commissioner (Appeals) dismissed the Appeal filed by the Applicants as time-barred. The Applicant had filed a Civil Writ Petition in the Delhi High Court challenging the order-in-original confirming the demands. The High Court dismissed the writ petition as withdrawn but granted liberty to file an Appeal within 10 days, with a direction that their application for condonation of delay would be considered favorably by the Appellate Tribunal. The Appeal before the Commissioner (Appeals) was filed on 13-8-2003, which was beyond the 10-day limit set by the High Court.

3. The High Court's specific direction to file the Appeal within 10 days from 28-7-2003 was not adhered to by the Applicant. The Tribunal noted that the Commissioner (Appeals) did not have the authority to extend the time for filing the Appeal, as it was a direction from the High Court. The Tribunal concluded that the Appeal should have been filed within the specified time frame as directed by the High Court. Therefore, the dismissal of the Appeal by the Commissioner (Appeals) on the grounds of being time-barred was upheld, and the Appeal was deemed to have no merit. The stay petition was also disposed of accordingly.