1985 (5) TMI 222 - AT - Central Excise

Summary

Issues: Delay in filing appeal, Condonation of delay

The judgment involves an appeal filed by the Collector of Central Excise against an order passed by the Collector of Central Excise (Appeals). The appeal was filed with a delay, and an application for condonation of delay was submitted. The delay was attributed to administrative reasons. The respondent opposed the application for condonation. The timeline of events leading to the filing of the appeal was scrutinized. It was noted that there were delays at various stages in handling the matter within the department. The Tribunal considered Section 35-B(5) of the Central Excises and Salt Act, 1944, which allows admission of an appeal after the prescribed period if there is a sufficient cause for the delay. The Tribunal emphasized the need for a clear and cogent explanation for each day of delay to justify condonation. The Tribunal found the explanations provided unsatisfactory and referred to a previous ruling to support the decision. The ruling highlighted the importance of diligence and appropriate steps in seeking condonation of delay. The Tribunal concluded that there was no sufficient cause for the delay in filing the appeal within the prescribed period of 90 days. Consequently, the application for condonation of delay was dismissed, leading to the dismissal of the Stay application and the appeal itself.