2004 (2) TMI 634 - AT - Central Excise

Summary

Issues: Condonation of Delay in Filing Appeal, Nature of Communication as Order, Applicability of Sec. 35B of Central Excise Act

Condonation of Delay in Filing Appeal:
The case involved an application by M/s. Prakash Ispat Udyog Ltd. for condonation of a delay of 4 years, 7 months, and 8 days in filing an appeal. The appellant's representative argued that they did not consider a particular letter as an appealable order initially, leading to the delay. They claimed that the delay was not due to negligence and requested the appeal to be heard on merits. On the other hand, the respondent's representative contended that the communication in question was indeed an order fixing the annual capacity of production, and the appellant should have filed an appeal within the specified time limit under Sec. 35B of the Central Excise Act. The respondent highlighted that the appellant had been informed about this matter earlier as well, and thus, there was no justification for condoning the delay.

Nature of Communication as Order:
The Tribunal examined the impugned order dated 18-5-99 and concluded that it was, in fact, an order determining the annual capacity of production of the appellant's mill. The Tribunal noted that as per Section 35B of the Central Excise Act, every appeal must be filed within three months from the date of communication of the order being appealed against. Since the impugned order was received by the appellants on 20-5-99, the appeal should have been filed within three months from that date. The Tribunal rejected the appellant's argument that they had represented the matter to the Commissioner, emphasizing that the correct course of action was to file an appeal against the determination of annual capacity before the Tribunal. Ultimately, the Tribunal found that the appellant had not provided sufficient reasons for condonation of the delay and consequently dismissed both the application for condonation and the appeal itself.

Applicability of Sec. 35B of Central Excise Act:
The Tribunal's decision was based on the clear provisions of Section 35B of the Central Excise Act, which mandate the timeline for filing appeals against communicated orders. The Tribunal highlighted that the appellants had not adhered to this statutory requirement and had failed to demonstrate valid reasons for the delay in filing the appeal. By upholding the procedural requirements set out in the Act, the Tribunal emphasized the importance of timely compliance with appeal procedures to maintain the integrity of the legal process and ensure effective resolution of disputes within the specified framework.