2011 (9) TMI 777 - AT - Central Excise

Condonation of delay - the provisions of Section 35C(2) of the Central Excise Act permits the Tribunal to entertain the application for rectification of mistakes and also can rectify the mistakes apparent from the records at its own - It can be seen from the above reproduced provisions that there is a time limit fixed by the statute for filing of application for rectification of mistake apparent from the record. In this case before us, there is undisputedly a delay of 178 days in filing of application before the bench - Held that there is a time limit fixed by the statute for filing of application for rectification of mistake apparent from the record - condonation of delay and application for rectification is rejected

Summary

Issues:
Delay in filing application for rectification of mistake.

Analysis:
The judgment deals with an application for condonation of delay of 178 days in filing an application for rectification of mistake against a final order. The appellant argued that the delay was due to a bona fide belief in pursuing a remedy in the High Court, which was later withdrawn. The counsel cited the case of Sunitadevi Singhania Hospital Trust v. UOI, emphasizing the CESTAT's inherent power to recall orders if sufficient cause is shown. However, the Tribunal noted that Section 35C(2) of the Central Excise Act does not grant power to condone delays in filing applications for rectification of mistake.

The Tribunal highlighted the provisions of Section 35C of the Central Excise Act, which allow the Tribunal to rectify mistakes apparent from records within a specified time limit. In this case, a delay of 178 days was undisputed. The Tribunal clarified that it lacked the authority to condone such delays. While the appellant relied on the Sunitadevi Singhania Hospital Trust case, the Tribunal pointed out that the Supreme Court's judgment did not establish a specific law on condonation of delay in such applications.

In conclusion, the Tribunal rejected the application for condonation of delay, emphasizing that the Apex Court's judgment in the Sunitadevi Singhania Hospital Trust case pertained to a civil appeal and did not address the issue of condonation of delay in rectification of mistakes. Therefore, the application for rectification of mistake was also dismissed.