2005 (5) TMI 202 - AT - Central Excise

Summary

Issues: Time limit for filing appeal before Commissioner (Appeals) under Section 35 of the Central Excise Act.

Analysis:
1. The appeal was dismissed by the Commissioner (Appeals) due to being filed after 90 days of serving the Order-in-Original. The Commissioner mentioned that the Order-in-Original was handed over to the authorized representative of the company. The Appellants argued that the representative handed over the order after a delay, hence there was no delay in filing the appeal.

2. The Tribunal observed that as per Section 35 of the Central Excise Act, an appeal before the Commissioner (Appeals) must be filed within 60 days of receiving the order, with a provision to condone the delay for another 30 days on showing sufficient cause. The Appellants did not dispute that the order was handed over to their representative on a specific date and that the representative was authorized to receive orders on their behalf. However, the mere fact that the representative informed the appellants after a delay of 4 months does not constitute serving the order on that date. Since the appeal was filed beyond 90 days, it was deemed time-barred, and the impugned order was upheld. The appeal was rejected accordingly.

This judgment clarifies the strict adherence to the time limit for filing appeals before the Commissioner (Appeals) under the Central Excise Act, emphasizing the importance of timely communication and filing to avoid being time-barred.