1986 (8) TMI 235 - AT - Central Excise

Summary

Issues: Application for condonation of delay in filing the appeal.

The judgment pertains to an application for condonation of delay in filing an appeal before the Appellate Tribunal. The order of the Collector (Appeals) was issued on 1-11-1985 and received by the applicant after 4-11-1985. The appeal was posted for transmission on 4-2-1986 and received by the Tribunal on 10-2-1986. The issue revolved around whether the delay in filing the appeal could be condoned. The respondent cited previous decisions to argue that the appeal was filed beyond the period of limitation, which expired on 4-2-1986. The Tribunal considered relevant precedents, including a Supreme Court judgment, which emphasized the importance of the date of despatch for calculating the period of limitation. The Tribunal noted that the appeal was delayed by five days, excluding the posting and receipt dates. However, the Tribunal ultimately decided to condone the delay under Section 35B(5) of the Act, attributing the delay to postal transmission. The application for condonation of delay was allowed, and the delay was condoned.

The judgment delved into the interpretation of the period of limitation for filing appeals, emphasizing the significance of the date of despatch rather than the date of receipt. Reference was made to Supreme Court decisions to establish the legal principles governing the calculation of the limitation period. The Tribunal highlighted that, in cases where no specific provision for filing appeals by post exists, the date of actual receipt by the appellate authority is considered the filing date. The judgment also discussed the role of postal authorities in appeal filings and distinguished between posting an appeal and its actual receipt by the Tribunal. The Tribunal drew parallels with income tax appeal procedures to underscore the importance of the appeal being deemed presented only upon receipt by the Tribunal. The judgment noted the adoption of similar rules in the Customs, Excise, and Gold (Control) Appellate Tribunal (Procedure) Rules, 1982, reinforcing the requirement for actual receipt to constitute filing. Ultimately, the Tribunal decided to condone the delay in this case, considering the delay in postal transmission as a valid reason for the delay.