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Issues involved: Challenge to order by Customs Excise and Service Tax Appellate Tribunal, appeal filed beyond limitation period, power of appellate authority to condone delay.
Summary: The petitioners challenged an order passed by the Customs Excise and Service Tax Appellate Tribunal confirming duty demand and imposing a penalty. The original order indicated the right to appeal. The petitioners failed to file an appeal within the specified time, leading to its dismissal by the Commissioner of Appeals. The Tribunal rejected the appeal, stating that the Commissioner had no power to condone delays beyond six months, and therefore, the Tribunal could not do so either. The petitioners argued that they had valid reasons for the delay, as their Chartered Accountant was abroad and failed to file the appeal on time. However, the Commissioner was not authorized to condone delays beyond a certain period, and since the appeal was filed late, it was rightly rejected. The Tribunal's decision was upheld, emphasizing that the Commissioner's powers to condone delays were limited by statute. While acknowledging that in exceptional cases, writ petitions could be entertained, the Court found no strong grounds to show that the original order was illegal or lacked jurisdiction. Therefore, the petition was dismissed, as there was no justification to treat the Court as a first appellate authority. In conclusion, the petition challenging the Tribunal's order was dismissed by the High Court, as the delay in filing the appeal was not condoned due to statutory limitations on the Commissioner's powers.
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