2014 (1) TMI 1569 - AT - Central Excise

Waiver of pre deposit - Commissioner dismissed on the ground of delay - Held that - Commissioner has not discussed the merit of the case but dismissed the appeal on the ground of delay of two days in filing the appeal before him. From the submission of the Ld. Advocate, prima facie we find that if due date was Saturday, and the appeal was filed on Monday then there was no delay. However, these facts are need to be scrutinized and verified - Matter remanded back - Decided in favour of assessee.

Summary

Issues: Appeal dismissal based on alleged delay in filing, merit of the case not discussed by the Commissioner

The judgment deals with an appeal where the appellant had paid the duty amount along with interest and penalty but the appeal was dismissed by the Commissioner (Appeals) due to an alleged delay of two days in filing the appeal. The appellant argued that there was no delay as the appeal was filed on the next working day after the due date, which fell on a Saturday. The Tribunal observed that the Commissioner did not discuss the merit of the case but dismissed the appeal solely on the ground of the alleged delay. The Tribunal found prima facie that there was no delay based on the submission of the appellant's advocate. However, the Tribunal decided to remand the matter for re-consideration of all issues and verification of facts. The Tribunal set aside the Commissioner's order and allowed the appeal by way of remand, emphasizing that if there was a delay, the appellant should be allowed to file a proper application with a reasonable opportunity granted. All issues were kept open, and the stay petition was disposed of.

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