1991 (3) TMI 236 - AT - Central Excise

Summary

Issues:
Delay in filing appeals, condonation of delay, negligence on the part of the appellants, sufficient cause for late filing of appeals.

Analysis:
The case involved appeals filed by the Collector of Central Excise, Ahmedabad, challenging a common Order-in-Appeal passed by the Collector of Central Excise (Appeals). The appeals were filed with applications for condonation of delay due to a delay of 48 days beyond the prescribed period. The appellants argued that the delay was due to riots in Ahmedabad and the closure of the Collector's office. They also cited important revenue matters and meetings as reasons for the delay. The appellants sought condonation of delay based on these grounds, supported by judgments from Allahabad High Court and the Supreme Court.

On the other hand, the respondent argued that there was negligence on the part of the appellants and referenced a Tribunal judgment emphasizing the need to explain each day's delay after the limitation period. The respondent contended that the delay of 48 days had no justification for condonation. The Tribunal examined the reasons provided for the delay, including communal disturbances and office closures due to curfew. A certificate from the Police Inspector confirmed the disturbances in Ahmedabad during the relevant period.

After considering the arguments and evidence presented, the Tribunal found that while there were valid reasons for the delay up to a certain point, the overall delay of 48 days could not be entirely justified. The Tribunal referred to legal precedents, including judgments from the Supreme Court and previous Tribunal decisions, emphasizing the need for sufficient cause to condone delay. The Tribunal concluded that there was negligence on the part of the appellants and that they were not prevented by sufficient cause for the late filing of the appeals.

Based on the findings, the Tribunal rejected the applications for condonation of delay in all 12 appeals, leading to the dismissal of the appeals due to being time-barred. The Tribunal clarified that it was not delving into the merits of the appeals since they were dismissed on grounds of limitation. The decision was in line with previous Tribunal views and legal principles governing the condonation of delay in filing appeals.