2009 (6) TMI 743 - AT - Central Excise

Summary

Issues involved:
1. Timeliness of filing appeals under different sections of the Finance Act, 1994 and the Central Excise Act, 1944.

Analysis:
The judgment by the Appellate Tribunal CESTAT, New Delhi involved a common issue concerning the timeliness of filing appeals under different sections of the Finance Act, 1994 and the Central Excise Act, 1944. The appellants had filed appeals before the Commissioner (Appeals) under Section 85 of the Finance Act, 1994 within the stipulated 90 days. However, the Commissioner (Appeals) noted that the appeals related to excise matters and should have been filed within 60 days under Section 35B of the Central Excise Act, 1944, resulting in a delay of 19 days. The Commissioner (Appeals) rejected the appeal as time-barred under the Act, 1944.

Upon hearing both sides, the Tribunal found that the appellants had filed the appeals under Form ST-4 as prescribed under the Finance Act, 1994, believing the matter pertained to Service Tax under the said Act. The Tribunal determined that there was no negligence or inaction on the part of the appellants, leading to the condonation of the delay in filing the appeals before the Commissioner (Appeals). Consequently, the Tribunal set aside the impugned orders and remanded the matters to the Commissioner (Appeals) to decide on merit. The appeals were allowed by way of remand, and the stay applications were disposed of. The judgment was pronounced on 3-6-2009 by the Tribunal.

In conclusion, the Tribunal's decision focused on the interpretation of the applicable sections of the Finance Act, 1994 and the Central Excise Act, 1944 regarding the timeliness of filing appeals. The Tribunal considered the circumstances of the case, the appellants' actions, and the nature of the matter to determine the condonation of the delay and the remand of the cases for further consideration on merit.