1995 (7) TMI 393 - HC - VAT and Sales Tax

Summary

Issues:
1. Delay of 209 days in filing the enhancement petition by the department.
2. Sufficiency of cause shown by the department to condone the delay.
3. Validity of the alleged affidavit filed by the Additional State Representative.
4. Interpretation of administrative delay as a reason for condonation of delay.
5. Comparison with past judgments on condonation of delay.
6. Authority to determine sufficient cause for delay.

Detailed Analysis:
1. The main issue in this case was the delay of 209 days in filing the enhancement petition by the department after the order was pronounced by the Appellate Assistant Commissioner. The Tribunal had the power to condone the delay if sufficient cause was shown by the department under section 36(3-A) and its proviso.

2. The department claimed administrative delay as the reason for condoning the delay. The Additional State Representative filed an affidavit stating the delay was due to administrative reasons. However, the petitioner argued that administrative delay alone was not sufficient cause for condonation, emphasizing the lack of proper form and attestation of the affidavit.

3. The validity of the alleged affidavit filed by the Additional State Representative was questioned. It was noted that the affidavit lacked proper form, attestation, and a jurat portion, raising doubts about the seriousness of the department in filing the petition for condoning the delay.

4. The interpretation of administrative delay as a reason for condonation of delay was discussed, citing past judgments. The court emphasized that mere mention of administrative reasons was not enough to establish sufficient cause for condonation. Specific factual reasons within the general ambit of administrative delay had to be established.

5. Past judgments were cited to compare the approach to condonation of delay. The court referred to cases where administrative delay was not accepted as a valid reason for condonation, highlighting the need for detailed explanations and reasons for each day of delay.

6. The authority to determine sufficient cause for delay was clarified, stating that it was the responsibility of the party concerned to show sufficient cause, not the deciding authority. The court set aside the Tribunal's decision to condone the delay, emphasizing the lack of acceptable reasons beyond administrative delay.

In conclusion, the court allowed the petition, setting aside the Tribunal's decision to condone the delay of 209 days in filing the enhancement petition by the department.