2007 (5) TMI 252 - HC - Central Excise

Summary

Issues involved: Interpretation of Section 35 of the Central Excise Act, 1944 regarding the limitation period for filing an appeal.

Summary:
The appeal in question pertained to a judgment and order passed by the Customs, Excise & Service Tax Appellate Tribunal, New Delhi, which confirmed the order of the Commissioner (Appeals) dismissing the appeal as being beyond the period of limitation of sixty days u/s 35 of the Central Excise Act, 1944. The appellant sought to present the appeal beyond 90 days, leading to the issue of whether the delay could be condoned.

Mr. Nigam, counsel for the appellant, argued that there was no specific exclusion of the Limitation Act or provision thereof in Section 35 of the Act, and therefore, the Tribunal erred in confirming the order of the Commissioner (Appeals). However, a Division Bench of the High Court had previously held that if the statute provides a period of limitation and a maximum period for condonation of delay, the authority cannot extend it.

Mr. Nigam further relied on a judgment of the Apex Court in Mukri Gopalan v. Cheppilat Puthanpurayil Aboobacker, (1995) 5 SCC 5, which outlined the requirements for granting benefit under Section 29(2) of the Limitation Act. The Court noted that in the present case, there was a prescribed period of limitation and a specific extension period provided under the statute, and the proposition of the Apex Court did not support extending the limitation under Section 35 of the Act.

Ultimately, the Court dismissed the appeal, aligning with the view taken by the Division Bench in a previous case, Doaba Rolling Mills (P) Ltd., that the limitation period under Section 35 of the Act could not be extended beyond what is provided in the statute.