1987 (7) TMI 240 - AT - Central Excise

Summary

Issues:
Delay in filing appeal under Section 35B of the Central Excises & Salt Act, 1944.

Detailed Analysis:
The applicant filed an appeal with the Appellate Tribunal CEGAT, New Delhi against an impugned order, with a delay of 27 days. The applicant attributed the delay to inter-departmental consultation and administrative procedures. The timeline of actions taken since the communication of the order-in-appeal was provided, showing the steps followed by the applicant in processing the appeal.

During the hearing, the applicant relied on a Tribunal decision emphasizing the Government's need for thorough consideration due to public interest. The respondent's advocate cited a Tribunal decision stating that delay can only be condoned if sufficient cause is demonstrated, without leniency towards the Government. The Tribunal also referred to a decision where delay was not condoned due to lack of proper explanation.

The Tribunal considered arguments from both sides and reviewed the case records. Referring to a recent Supreme Court judgment, it highlighted the need for a liberal approach in interpreting "sufficient cause" to serve the ends of justice. The Supreme Court emphasized that delay should not automatically lead to dismissal, especially when substantial justice is at stake.

In the present case, the Tribunal found no deliberate delay or mala fide intent. While acknowledging the delay in correspondence with the Assistant Collector, the Tribunal noted the lack of personal follow-up which could have expedited the process. Despite some unexplained gaps in the timeline, a liberal approach was adopted considering the Government machinery's functioning. The delay was ultimately condoned under Section 35B(5) of the Act, following the principles laid down by the Supreme Court.

In conclusion, the Tribunal, aligning with the Supreme Court's guidance, decided to condone the delay in filing the appeal, emphasizing the importance of substantial justice and a pragmatic approach in such matters.