2009 (8) TMI 70 - HC - Central Excise

Delay in filing of appeal application of provisions of Section 5 of the Limitation Act, 1963 Held that - in the absence of any clause condoning the delay for showing sufficient cause after the prescribed period, there is complete exclusion of Section 5 of the Limitation Act. Therefore, the instant appeal has to be held to be barred by limitation.

Summary

Issues:
- Appeal filed under Section 35-G of the Central Excise Act, 1944 against an order passed by CESTAT, New Delhi.
- Application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing the appeal.

Analysis:
The judgment delivered by the High Court pertained to an appeal filed under Section 35-G of the Central Excise Act, 1944 against an order issued by CESTAT, New Delhi. The appellant also submitted an application under Section 5 of the Limitation Act, 1963, seeking condonation of a 383-day delay in filing the appeal. During the proceedings, the court referred to a judgment by the Supreme Court in the case of Commissioner of Customs & Central Excise v. Hongo India (P) Ltd. The Supreme Court's ruling emphasized that certain sections of the Act, including Sections 35, 35-B, 35-EE, 35-G, and 35-H, specify a strict time limit of 180 days for filing appeals and references to the High Court, without provision for condonation of delay beyond that period.

The court highlighted that the language used in the relevant provisions of the Act indicated the legislative intent to exclude the application of Section 5 of the Limitation Act for appeals to the High Court. The appellant's counsel acknowledged the Supreme Court's position but mentioned that the Parliament was considering amending the law. However, the court found that the Supreme Court's decision in the Hongo India case was directly applicable to the present situation. The court cited previous cases where the same principle was upheld, emphasizing that the legislative framework did not allow for the condonation of delays beyond the specified 180-day period for filing appeals to the High Court.

Consequently, the court concluded that since there was no provision for condoning delays beyond the prescribed period of 180 days, the appeal in question was deemed to be time-barred and, therefore, dismissed on grounds of limitation. The judgment underscored the importance of adhering to statutory time limits for filing appeals and the exclusion of Section 5 of the Limitation Act in such cases where specific timeframes are mandated by the relevant provisions of the Act.