1987 (6) TMI 151 - AT - Central Excise

Summary

Issues:
- Appeal against time-barred order
- Application for condonation of delay

Analysis:
- The department filed an appeal against an order of the Appellate Collector, Central Excise, Calcutta, which was challenged as time-barred by the respondent's advocate. The delay in filing the appeal was 385 days, and the department sought condonation of the delay based on obtaining views from the Central Board of Excise. The respondent argued against condonation, citing previous judgments emphasizing the need for adherence to timelines in legal matters (1987 (28) E.L.T. 584).

- The Tribunal considered the arguments of both parties and noted the significant delay in filing the appeal. The department's contention that the delay was due to awaiting directions from the Central Board of Excise was deemed insufficient, as the proposal for initiating the appeal was sent to the Board after an inordinate delay of over eight months. The Tribunal highlighted that the delay appeared to be a result of negligence or inadvertence rather than a valid reason. Reference was made to a Supreme Court decision regarding the elasticity of the term "sufficient cause" in condoning delays, but it was distinguished based on the substantial difference in delay periods. Ultimately, the Tribunal rejected the application for condonation of delay, leading to the dismissal of the appeal itself.

- The Tribunal's decision was based on the lack of a valid reason for the significant delay in filing the appeal, attributing it to negligence or inadvertence. Despite the department's argument regarding awaiting directions from the Central Board of Excise, the Tribunal found the delay unjustifiable. The application for condonation of delay was rejected, and consequently, the appeal against the time-barred order was also dismissed.