2008 (7) TMI 690 - AT - Central Excise

Summary

Issues:
1. Timeliness of filing the appeal before the Commissioner (Appeals).
2. Condonation of delay in filing the appeal.
3. Remand of the matter for decision on merits by the Commissioner (Appeals).

Analysis:
1. The judgment concerns the timeliness of filing an appeal before the Commissioner (Appeals) in response to an order dated 29-12-2006. The appellants claimed to have received the order on 10-2-2007 and filed the appeal on 9-4-2007. However, the Department contended that the order was served on 9-1-2007, and the appeal was filed on the ninetieth day from the date of receipt. The Tribunal noted that even if the Department's claim of the date of receipt was accurate, the appeal was filed within the permissible timeline.

2. The Tribunal acknowledged the potential delay in filing the appeal but highlighted that such delays could be condoned by the Commissioner (Appeals). Not delving into the specifics of the order's actual delivery to the appellants, the Tribunal considered the circumstances, such as the reported death in the appellant-director's family. Taking a lenient view, the Tribunal decided to condone any delay in filing the appeal and set aside the Commissioner (Appeals)'s order. Consequently, the matter was remanded to allow the Commissioner (Appeals) to adjudicate the appeals on their merits.

3. Ultimately, the Tribunal allowed the appeals through remand and disposed of the stay petitions. The decision was made to waive the pre-deposit of dues as per the impugned order and conclude the appeals definitively. The judgment, delivered by Member (T), emphasized the importance of procedural compliance while also demonstrating a balanced approach by considering the extenuating circumstances that may have contributed to any delays in the appeal process.