2012 (7) TMI 814 - AT - Central Excise

Stay application - Bar of limitation - Held that - It is the law that beyond the 90 days any appeal filed before the first appellate authority cannot be entertained by him and nor can be entertained by anybody else if an appeal dismissed by the first appellate authority on this ground. It is undisputed in these cases that all the appeals have been filed beyond the period of 90 days of the receipt of the order in original by the assessee - Decided against assessee.

Summary

Issues Involved:
Appeal against order in appeal dismissed on the ground of limitation.

Analysis:
The judgment by the Appellate Tribunal CESTAT AHMEDABAD, delivered by Mr. M.V. Ravindran, pertains to three stay petitions challenging the order in appeal No.Commr.(A)/108 to 110/VDR-I/2012, dated 29.02.12. The issue at hand in all three cases revolves around the timeliness of filing the appeal before the first appellate authority. The adjudicating authority had dismissed the appeals solely on the ground of limitation, as the assessees had filed their appeals beyond the prescribed period of 90 days. According to the law, an appeal must be filed within 60 days of receiving the order, with a further 30-day allowance for condonation of delay. It is established that any appeal filed after the 90-day limit cannot be entertained by the first appellate authority or by any other entity if the appeal is dismissed on this ground. Given that all the appeals in question were lodged beyond the 90-day timeframe from the receipt of the original order by the assessees, the Tribunal found no merit in the appeals and consequently rejected them.

This judgment underscores the critical importance of adhering to statutory timelines in filing appeals before the appellate authorities. The Tribunal emphasized that the law, as established by the Apex Court, unequivocally dictates the timeframe within which appeals must be lodged. In this context, the Tribunal's decision to dismiss the appeals due to being time-barred serves as a stark reminder of the legal consequences of failing to comply with procedural requirements. The strict adherence to statutory timelines is essential to ensure the orderly and efficient functioning of the appellate process, thereby upholding the principles of procedural justice and legal certainty. The Tribunal's ruling reaffirms the principle that procedural rules are not mere formalities but integral components of the legal framework that must be observed diligently to maintain the integrity and effectiveness of the adjudicatory system.