2007 (12) TMI 419 - HC - VAT and Sales Tax

Summary

Issues:
- Condonation of delay in filing an appeal before the Customs, Excise and Service Tax Appellate Tribunal
- Role of Chief Commissioner of Central Excise in filing an appeal
- Valid reasons for condonation of delay

Analysis:
The High Court of Madras heard an appeal filed by the State against the Customs, Excise and Service Tax Appellate Tribunal's order refusing to condone a delay of 255 days in filing an appeal against the order of the Commissioner (Appeal). The appellant claimed delay due to waiting for advice from the Chief Commissioner of Central Excise, Chennai. However, the Tribunal rejected this contention, stating that mere pendency of a similar case is not a valid reason for condonation of delay. The Tribunal emphasized that the decision to file an appeal should be independent and that the Chief Commissioner has no role in filing an appeal. The Tribunal also noted that the appellant was unaware of similar cases pending before other courts.

The court highlighted that each case depends on its own facts and reasons, and that a "reasonable cause" must be shown to the satisfaction of the court for condonation of delay. The court clarified that even a long delay can be condoned if a reasonable cause is established. In this case, the court found that the reasons stated by the appellant were not sufficient cause for condonation of the delay. The court emphasized that the appellant should have independently decided to file the appeal against the Appellate Commissioner's order, without waiting for the Chief Commissioner's advice. As the appellant failed to show a valid reason for the delay, the appeal was dismissed, and no costs were awarded. The connected miscellaneous petition was also dismissed accordingly.