2007 (6) TMI 377 - AT - Central Excise

Summary

Issues: Delay in filing appeal and condonation of delay

In this judgment by the Appellate Tribunal CESTAT, Bangalore, the main issue revolves around the delay in filing the appeal and the subsequent condonation of the delay. The appellant argued that the company was closed and no longer functioning, leading to a delay in discovering the outstanding excise duty. The appellant sought condonation of the delay based on this premise. The Tribunal considered various precedents, including rulings from different benches and the Apex Court, to assess the validity of the appellant's arguments.

The appellant contended that the delay in filing the appeal was due to the company's closure and subsequent efforts to pay off outstanding dues. The appellant referenced a Tribunal ruling from the Delhi Bench regarding a restoration application filed after a significant lapse of time by a Public Sector Undertaking. However, the Tribunal noted that despite the appellant's reasons, the delay in filing the appeal was not justified.

The Tribunal referenced several cases where delays in filing appeals were not condoned due to reasons such as factory closure and failure to communicate with the department. Precedents from different benches, including Delhi, Kolkata, and Mumbai, were cited to support the decision not to condone the delay in this case. The Tribunal emphasized the importance of timely filing appeals and noted the negligence on the part of the appellants in this instance.

After careful consideration of all the citations and precedents presented, the Tribunal concluded that the reasons provided by the appellant did not warrant condonation of the delay. The Tribunal found that notices had been served on the Managing Director personally, and despite being aware of the impugned order, there was still a significant delay in filing the appeal. As a result, the condonation applications were dismissed, leading to the dismissal of the stay applications and appeals as well.