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2013 (5) TMI 5 - AT - Central ExciseCondonation of delay - Held that - Unable to look into the merits of the matter even if delay condoned as FAA has dismissed the appeal for filing the appeal before him after 173 days of receipt of order in original. Thus the applicant has no case to argue. An appeal filed belatedly before the first appellate authority and beyond the time period delay cannot be condoned by either Commissioner (Appeals) or Tribunal or direct first appellate authority to hear the appeal. See Singh Enterprises (2007 (12) TMI 11 - SUPREME COURT OF INDIA) - COD dismissed.
Issues:
Condonation of delay in filing an appeal before the Appellate Tribunal CESTAT Ahmedabad. Analysis: The judgment delivered by Mr. M.V. Ravindran pertains to an application for condonation of delay filed by the assessee for belated filing of an appeal before the Appellate Tribunal. The delay in filing the appeal was for three years and seven days after the receipt of the order in appeal. The applicant attempted to justify the delay, but the Tribunal found that even if the delay was condoned, they would be unable to look into the merits of the matter. This was because the first appellate authority had already dismissed the appeal for being filed after 173 days of receiving the original order. The Tribunal highlighted that according to Section 35(1) of the Central Excise Act, 1944, appeals filed beyond the stipulated time period cannot be condoned by any authority, as established by the Hon'ble Supreme Court in the case of Singh Enterprises 2008 (221) ELT 163 (S.C.). The Tribunal concluded that since the appeal was filed belatedly before the first appellate authority and outside the statutory time limit, there was no basis for condonation of delay. Consequently, the application for condonation of delay was dismissed, leading to the dismissal of the stay petition and the appeal itself. The judgment underscores the importance of adhering to statutory timelines for filing appeals and the limitations on condonation of delay under the relevant legal provisions and judicial precedents.
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