2006 (1) TMI 501 - AT - Central Excise

Summary

Issues: Stay application against Order-in-Appeal dismissal based on manipulated date of receipt in EA-1 form.

The judgment delivered by the Appellate Tribunal CESTAT, New Delhi, involved a stay application against the Order-in-Appeal dated 16-9-2005. The Commissioner (Appeals) dismissed the appeal of the appellants due to the manipulation of the date of receipt of the Order-in-Original in the EA-1 form. The Commissioner observed that the appellant was fully aware of the actual date of receipt but misrepresented it in the form. The explanation provided by the appellant, shifting blame to an employee, was deemed insufficient as filing the appeal within the statutory time limit is a fundamental requirement. The Commissioner found the delay not genuine, attributing it to deliberate manipulation of records to meet the filing deadline. The judgment emphasized that the liability of the appellants could not be absolved by blaming an individual who may have acted under someone's direction. Consequently, the Tribunal found no merit in the stay application and dismissed both the stay application and the appeal.

In conclusion, the Tribunal upheld the Order-in-Appeal, highlighting the importance of maintaining accuracy in filing documents and rejecting attempts to manipulate records to meet legal deadlines. The judgment underscored the necessity of clean hands in seeking condonation of delay and emphasized that negligence or deliberate manipulation cannot be excused when filing appeals within statutory time limits. The decision serves as a reminder of the legal obligations and responsibilities associated with submitting accurate and timely documentation in judicial proceedings.