2007 (8) TMI 758 - AT - Central Excise

Summary

Issues involved: Condonation of delay in filing appeal against Order-in-Appeal of the Commissioner (Appeals) based on proof of service of the order.

Issue 1: Condonation of Delay

The appellant filed a Misc. application for condonation of delay of nearly 8 years in filing the appeal against the Order-in-Appeal of the Commissioner (Appeals). The appellant argued that they did not receive the Order-in-Appeal dated 22.2.1999 and made several attempts to obtain a copy. Only after issuing a legal notice, they received the copy on 13.3.2007 and promptly filed the appeal on 14.3.2007. The appellant relied on case laws emphasizing the need for proof of service of the order to condone the delay. The appellant's consultant argued that there was no delay as the appeal was filed immediately upon receipt of the order. However, the Revenue contended that there was evidence of the order being sent to the appellant via registered post on 26.2.1999. The Revenue cited case laws where proof of service by registered post was considered sufficient, leading to the presumption of service unless proven otherwise. The appellant pointed out that the order should have been sent by registered post with acknowledgment due, which was not evident from the records. The Tribunal noted the proof of dispatch of the order by registered post on 26.2.1999 and concluded that there was sufficient evidence of service, leading to the dismissal of the Misc. application for condonation of delay and the subsequent appeal as time-barred.

Decision:

The Tribunal dismissed the Misc. application for condonation of delay and consequently, the stay application and appeal were also dismissed as time-barred on 10.08.2007.