2007 (10) TMI 312 - HC - Central Excise

Summary

Issues:
Appeal against order of Customs, Excise and Service Tax Appellate Tribunal dismissing delay condonation applications and main appeals filed by Department challenging orders of Commissioner of Central Excise (Appeals).

Analysis:
The appeals were filed against a common order made by the Customs, Excise and Service Tax Appellate Tribunal, dismissing the Department's applications seeking to condone the delay in filing appeals against orders passed by the Commissioner of Central Excise (Appeals). The Tribunal non-suited the Department for the relief of condoning the delay, leading to the dismissal of the main appeals. The Department argued that they filed the appeals belatedly upon discovering that duty had not been paid by the assessee. The Tribunal expressed dissatisfaction with the Department's explanation, stating that the reliefs sought by the assessee were clear, and the Department should have taken remedial measures promptly. Additionally, the Commissioner's order in favor of the assessee was based on a Supreme Court decision, further supporting the dismissal of the appeals.

The Tribunal found the Department's reason for belated filing not acceptable, emphasizing that the Department should have acted promptly given their expertise and experience. Moreover, the Commissioner's decision in favor of the assessee was based on a Supreme Court ruling, providing no grounds for interference with the Tribunal's orders. Consequently, the High Court dismissed the civil miscellaneous appeals and the connected miscellaneous petitions, upholding the Tribunal's decision.