2007 (6) TMI 405 - AT - Central Excise

Summary

Issues:
Delay in filing appeals against Orders-in-Appeal disallowing Modvat/Cenvat credit on inputs used in mining limestone at off-factory sites.

Analysis:
The appellants filed applications for condonation of delay in their appeals against Orders-in-Appeal disallowing Modvat/Cenvat credit on inputs used in mining limestone away from the cement factory. The impugned orders were received on 20-10-2004, and the appeals were filed on 4-12-2006, with a delay of 25 months and 14 days. The delay was attributed to the appellants accepting the appellate Commissioner's decision initially, based on the Supreme Court's ruling in a specific case. However, upon learning about a subsequent ruling by the Apex Court overruling the earlier decision, the appellants decided to file appeals.

The appellants explained that they did not appeal earlier due to the unfavorable ruling in Commissioner of Central Excise, Jaipur v. J.K. Udaipur Udyog Ltd. Later, they became aware of the case of Vikram Cement v. Commissioner of Central Excise, Indore, where the Apex Court referred the matter to a Larger Bench and eventually overruled the previous decision. The appeals were filed after this new ruling became known to the appellants. The learned counsel for the appellants reiterated this explanation, while the SDR opposed the condonation of the delay.

However, the Tribunal found the delay in filing the appeals to be significant and not satisfactorily explained. The appellants waited more than two years after the initial ruling to file their appeals, only doing so after another party succeeded in having the ruling overruled by a Larger Bench of the Apex Court. The Tribunal held that such a delay was not condonable. Consequently, both applications for condonation of delay were dismissed, and the appeals were also dismissed as time-barred.