2012 (8) TMI 2 - AT - Central Excise

Condonation of delay in filing the appeals - Board grants permission to prefer an appeal Held that - Revenue has not produced any review order as required under Section 35E of the Central Excise Act, 1944 in respect of the present respondents in spite of opportunities granted. As there is no order produced by the Revenue, passed by the Board, therefore, we find no merits in the applications - condonation of delay applications are dismissed.

Summary

Issues:
1. Condonation of delay in filing appeals by Revenue.
2. Review of order in respect of a specific entity.
3. Permission to file an appeal against a specific entity.
4. Upholding of Tribunal's order by the High Court.
5. Requirement of producing a review order under Section 35E of the Central Excise Act, 1944.

Analysis:

1. The Revenue filed applications for condonation of delay in filing appeals. The Tribunal had earlier declined to condone the delay in appeals against a specific respondent, citing lack of sufficient cause. The High Court held that the appeals were not maintainable due to a lack of independent application of mind in the order of sanction. The High Court granted permission to file an appeal against a particular entity and stated that if the Board grants permission, the dismissal of the condonation of delay application would not be an obstacle. The High Court emphasized that any sanction should comply with statutory provisions.

2. The present applications were filed following the High Court's order. The Hon'ble Bombay High Court upheld the Tribunal's decision to dismiss the applications for condonation of delay regarding the specific respondents. However, it was noted that if the Board allows an appeal, the dismissal of the delay application would not hinder the process, allowing the petitioner to reapply. The applications were filed based on a letter from the Director (Judicial) indicating the Board's permission for filing separate applications related to the specific respondents.

3. Despite opportunities granted, the Revenue failed to produce a review order as required under Section 35E of the Central Excise Act, 1944 for the specific respondents. As no order was presented by the Revenue, the Tribunal found no merit in the applications. Consequently, the condonation of delay applications was dismissed, leading to the dismissal of the appeals as well.

This detailed analysis outlines the sequence of events regarding the condonation of delay, review orders, permissions for filing appeals, and the consequences of failing to produce necessary documentation under the Central Excise Act, 1944.