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2021 (10) TMI 10 - AT - Central ExciseMaintainability of appeal - non-prosecution of the case - Rule 20 of the CESTAT (Procedure) Rules, 1982 - HELD THAT - Since the appellant has been choosing to abstain from hearing before the Tribunal, the appeal is liable to be dismissed under Rule 20 of the CESTAT (Procedure) Rules, 1982. Further, it is found that this appeal has been filed by the appellant against letter dated 16.10.2017 on 14.01.2019 after considerable delay. There is no application for condonation of delay in filing the appeal. No appeal lies in Tribunal against the order of Revisionary Authority - the appeal is dismissed for non-prosecution under Rule 20 of the CESTAT (Procedure) Rules, 1982.
Issues:
Delay in submission of Duty Drawback (DBK) application, Jurisdiction of Revisionary Authority, Non-appearance of the Appellant, Condonation of delay in filing appeal, Maintainability of appeal before the Tribunal. Delay in submission of Duty Drawback (DBK) application: The appellant filed an appeal against a letter rejecting their request for condonation of delay in the submission of the DBK application. The Assistant Commissioner mentioned that the delay was not condoned due to the appellant being a multinational company with sufficient resources and infrastructure, and no valid reasons were provided for the delay. The Revisionary Authority dismissed the appeal, stating that the Revision Application before the Central Government was beyond jurisdiction and advised the appellant to file an appeal before the appropriate authority under the Central Excise Act, 1944. Jurisdiction of Revisionary Authority: The Revisionary Authority found the Revision Application before the Central Government in terms of Section 35EE of the Central Excise Act, 1944 to be beyond jurisdiction. The Revision Application was dismissed as non-maintainable, and the appellant was directed to file an appeal before the appropriate authority under Section 35E of the Central Excise Act, 1944. Non-appearance of the Appellant: During the hearing before the Tribunal, the appellant did not appear. As a result, the appeal was liable to be dismissed under Rule 20 of the CESTAT (Procedure) Rules, 1982. The appellant chose to abstain from the hearing, leading to the dismissal of the appeal for non-prosecution. Condonation of delay in filing appeal: The appellant filed the appeal against the letter dated 16.10.2017 on 14.01.2019 after a significant delay. There was no application for condonation of delay in filing the appeal. The Tribunal noted that the appeal was filed much beyond the time limit provided for filing the appeal, and as such, dismissed the appeal for non-prosecution under Rule 20 of the CESTAT (Procedure) Rules, 1982. Maintainability of appeal before the Tribunal: The Tribunal clarified that no appeal lies in the Tribunal against the order of the Revisionary Authority. Therefore, the appeal was dismissed for non-prosecution under Rule 20 of the CESTAT (Procedure) Rules, 1982, due to the appellant's non-appearance and the appeal being filed well beyond the stipulated time limit.
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