2004 (2) TMI 604 - AT - Central Excise

Summary

Issues: Delay in filing appeal, condonation of delay, dismissal of appeal

The judgment involves an application by M/s. M.C.E. Products Sales Services Ltd. for condonation of delay in filing an appeal against Order-in-Original No. 194/99, dated 31-3-99 before the Commissioner (Appeals). The Commissioner (Appeals) had directed a pre-deposit of Rs. 30,000 under Section 35F of the Central Excise Act, which the appellant failed to comply with, leading to the dismissal of their appeal. The appellant claimed that the delay in filing the appeal was due to the misplacement of the orders in their office, and they only realized the situation when directed to pay the confirmed duty in September/October 2003. The appellant argued for condonation of the delay in the interest of justice to have the appeal heard and disposed of on merit.

The appellant's advocate contended that the delay was solely due to the misplacement of the impugned order in the office, leading to the mistaken belief that the appeal was still pending before the Commissioner (Appeals). The appellant deposited the required Rs. 30,000 immediately upon locating the order in September/October 2003. However, the learned D.R. opposed the condonation of delay, highlighting the significant delay of 545 days in filing the appeal and deeming the reasons provided by the appellant as insufficient to warrant condonation.

Upon considering the arguments from both sides, the tribunal found that the appellant had not disputed receiving the impugned order dated 5-4-2002. The tribunal held that misplacement of the order in the appellant's office was not a sufficient reason to condone the delay, attributing complete negligence to the appellant. Consequently, the tribunal rejected the application for condonation of delay, leading to the dismissal of the appeal filed by the appellant. The judgment emphasized that negligence on the part of the appellant could not justify condonation of delay, resulting in the dismissal of the appeal.