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2020 (7) TMI 85 - AT - Central ExciseCondonation of delay in filing appeal - time limitation - as against the order dated 10.06.2014, the appeal has been filed on 15.09.2016 - Section 35 of Central Excise Act, 1944 - HELD THAT - In this case the adjudication order dated 10.06.2014 is not received by the appellant. In reply to the RTI filed by the appellant it has been answered that mode of dispatch of Order-In-Original could not ascertained. In these circumstances, the benefit of doubt goes in favour of the appellant that they have received the adjudication order on 04.08.2016 and they have filed appeal on 15.09.2016 which is well within time limit prescribed under Section 35 of the Central Excise Act, 1944, therefore, there are no force in the impugned order, the same is set aside. The appeal is allowed by way of remand with the direction to the Ld. Commissioner (Appeal) to decide the issue on merits after affording the reasonable opportunity to the appellant to present their case.
Issues: Appeal dismissed as time-barred - Interpretation of Section 35 of Central Excise Act, 1944 - Condonation of delay - Receipt of adjudication order - Right to Information Act, 2005.
Analysis: 1. The appellant appealed against an order dismissing their appeal as time-barred, stating that the appeal was filed beyond the prescribed time limit. The Ld. Commissioner (Appeal) held that as per Section 35 of the Central Excise Act, 1944, appeals must be filed within sixty days of receiving the adjudication order, with a possible one-month extension for condonation of delay if reasons are satisfactorily explained. 2. The appellant argued that they were unaware of the adjudication order due to unrest at the factory premises. They received the order on 04.08.2016 and filed the appeal on 15.09.2016, well within the time limit. Additionally, they sought information under the Right to Information Act, 2005, regarding the dispatch of the order, which could not be ascertained. The appellant contended that their appeal was within the prescribed limitation under Section 35 of the Central Excise Act, 1944, and should be admitted. 3. The Ld. Authorized Representative reiterated the findings of the impugned order, supporting the dismissal of the appeal as time-barred. After hearing both parties and considering the submissions, the Tribunal found that the appellant had not received the adjudication order dated 10.06.2014. In response to the RTI query, it was confirmed that the mode of dispatch of the Order-In-Original could not be determined. 4. Consequently, the Tribunal ruled in favor of the appellant, giving them the benefit of the doubt that they received the adjudication order on 04.08.2016 and filed the appeal on 15.09.2016 within the time limit specified by Section 35 of the Central Excise Act, 1944. Therefore, the impugned order was set aside, and the appeal was allowed by remand. The Ld. Commissioner (Appeal) was directed to decide the issue on its merits, providing the appellant with a reasonable opportunity to present their case.
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