2020 (4) TMI 180 - HC - Central Excise

Maintainability of appeal - appropriate forum - rebate claim - section 35-G, being section 35-G(1) of the Central Excise Act, 1944 - HELD THAT - A plain reading of the aforesaid provision of law reveals that an appeal shall lie to the High Court from every order passed in appeal by the Appellate Tribunal other than the exceptions as specified in section 35-G (1) only if the High Court is satisfied that the case involves a substantial question of law. A bare perusal of the judgment and order dated 27th June, 2019, passed by the Customs, Excise and Service Tax Appellate Tribunal, Allahabad, Regional Bench - Court No.1, does not reveal that the case involves any substantial question of law - there are no merit in the instant appeal - appeal dismissed.

Issues:
1. Appeal against rejection of rebate claim due to delay in filing.
2. Application for early disposal of appeals.
3. Interpretation of limitation period for filing appeals.
4. Authority's power to condone delay in filing appeals.
5. Requirement of substantial question of law for appeal to High Court.

Analysis:
1. The appellant filed three appeals before the Commissioner (Appeals) challenging the rejection of a part of their rebate claim. The Commissioner observed a delay of 211 days in filing the appeals beyond the limitation period of 60 days from the date of receipt of the order. The Commissioner held that he had no power to condone the delay beyond the prescribed period, leading to the rejection of all three appeals.

2. The Appellate Tribunal considered a miscellaneous application for early disposal of the appeals due to the small issue involved and the absence of objections from the Departmental Representative. The Tribunal accepted the prayer and proceeded to decide the appeals on their merits without further delay.

3. The judgment highlighted the importance of the limitation period for filing appeals, emphasizing that the period of 60 days starts running from the date of receipt of the impugned order. In this case, the delay of 211 days in filing the appeals was considered fatal, as the Commissioner had no authority to condone such a prolonged delay beyond the statutory limit.

4. The appellant's advocate argued against the conclusion that the order was served on the appellant on a specific date, presenting a dispatch register as evidence. However, the Tribunal noted that the register showing the appellant's representative's signature for the dispatch of the order itself established the service of the order on the appellant, dismissing the argument against the date of receipt.

5. The judgment referenced the relevant provision of law regarding appeals to the High Court, emphasizing that an appeal shall lie only if the case involves a substantial question of law. In this case, the Tribunal found no substantial question of law present, leading to the dismissal of the appeal against the order passed by the Appellate Tribunal.

Overall, the judgment focused on the strict adherence to statutory timelines for filing appeals, the authority's limitations in condoning delays, and the requirement of substantial legal questions for appeals to higher courts. The appeal was dismissed due to the delay in filing beyond the prescribed period and the absence of substantial legal issues warranting High Court intervention.

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