2008 (8) TMI 756 - AT - Central Excise

Summary

Issues:
Delay in filing appeal for condonation, reliance on Apex Court's judgment, correspondence between Chennai and Ahmedabad Commissionerates.

Analysis:
The judgment deals with an appeal filed by the department seeking condonation of a 15-day delay in filing the appeal against an order of the Commissioner (Appeals). The appellate authority had granted a refund of differential duty based on the Apex Court's judgment in the Baroda Electric Meters case. The department did not indicate any intention to file a review petition against the said judgment. The department attributed the delay in filing the appeal to awaiting a response from the Ahmedabad Commissionerate regarding the acceptance of the Baroda Electric Meters case by the Board.

Upon examination of the correspondence between the Chennai and Ahmedabad Commissionerates, it was revealed that the appeal lacked merit. The Chennai Commissioner sought information from Ahmedabad regarding the acceptance of the Supreme Court's decision in the Baroda Electric Meters case by the Board. The response confirmed that no review petition had been filed against the judgment. However, the appeal was still filed without a valid cause of action arising from the correspondence.

The Tribunal concluded that the correspondence did not provide a basis for the appeal against the Appellate Commissioner's order granting a refund to the assessee based on the Apex Court's judgment. Consequently, the Revenue's appeal was deemed meritless, and their application for condonation of delay was considered lacking in good faith. As a result, both the appeal and the application for condonation of delay were dismissed by the Tribunal.