2004 (12) TMI 603 - AT - Central Excise

Summary

Issues involved:
Appeal dismissal due to delay in filing, interpretation of time limit for filing appeals under Section 35 of the CE Act, 1944, impact of amendment by Finance Act, 2001 on time limit, reliance on previous tribunal decisions for similar cases.

Analysis:
The judgment pertains to the dismissal of appeals by the Commissioner (Appeals) due to a delay in filing. The Commissioner dismissed the appeals as time-barred, citing a delay of 23 and 27 days respectively in filing the appeals. The Commissioner based the dismissal on the amended Section 35 of the CE Act, 1944, which reduced the time limit for filing appeals to 60 days from the date of communication of the decision or order, as opposed to the previous three-month period. However, the appellants were advised in the Order in Appeal that the period of appeal is three months, leading them to believe the limitation period was three months and filing within that timeframe.

The judge noted a similar situation in a previous tribunal case, Bansal Ispat Udyog v. CCE, Bhopal, where the matter was remanded for decision on merits despite a delay in filing appeals. Given this precedent and the confusion caused by the discrepancy in time limits, the judge set aside the impugned order, condoned the delay in filing the appeals, and remanded the matter for decision on merits after hearing the appellants in accordance with the law.

In conclusion, the judgment highlights the importance of clarity in communication regarding time limits for filing appeals, especially in cases where amendments have changed the statutory provisions. It emphasizes the need for a fair consideration of appeals on their merits, even in situations where delays have occurred due to confusion or misunderstanding of the applicable time limits.