2012 (4) TMI 559 - HC - Central Excise

Summary

Issues involved: Appeal u/s 35G of Central Excise Act against Tribunal's order dismissing rectification application u/s 35C(2) as barred by limitation.

Summary:
The High Court considered an appeal filed by the assessee u/s 35G of the Central Excise Act against the Tribunal's order dismissing the rectification application u/s 35C(2) as time-barred. The main issue was whether the Tribunal was justified in dismissing the application as barred by limitation. The Court found that the limitation to file such an application is six months from the date of the order, and in this case, the application was made after one year and two months. The appellant claimed that their local counsel mistakenly believed the limitation period to be four years, but the Court held that this was not a sufficient ground for condonation of delay. The Court agreed with the Tribunal's decision, stating that the appellant, being a company guided by legal experts, should have been aware of the legal provisions regarding limitation. As there were no details provided in the application regarding the alleged advice, the Court upheld the dismissal of the appeal. The Court concluded by dismissing the appeal but allowed the appellant to file an appeal against the main order if desired.