1996 (7) TMI 356 - AT - Central Excise

Summary

Issues:
Delay in filing appeals, condonation of delay, interpretation of Exemption Notification, retrospective effect of amendment, small scale exemption, principles for condonation of delay in government cases.

Analysis:
The judgment by the Appellate Tribunal CEGAT, Mumbai involved four Miscellaneous applications filed by the Revenue seeking condonation of the delay in filing appeals against M/s. Akry Rasayan, M/s. Sunrise, M/s. Sunglow Inds., and M/s. General Mfg. & Trading Corpn. While two respondents were represented, the other two did not respond. The delay of 33 days was consistent across all four appeals, with administrative reasons cited as the cause. The matter pertained to the interpretation of an Exemption Notification related to small scale exemption.

The representative for M/s. General Mfg. & Trading Corpn. argued against condoning the delay, citing the Supreme Court's decision in Union of India v. Tata Yodogawa Ltd. and Tribunal decisions. However, the Departmental representative contended that administrative reasons justified the delay and prayed for condonation.

Considering the importance of the legal issue involving retrospective effect of an amendment to the Notification, the Tribunal referenced Supreme Court decisions emphasizing a pragmatic approach for condonation of delay to advance justice. Notably, the Court highlighted the need to avoid strict pedantic stands that could cause injustice. The judgment referred to cases like B. Singh and Others v. Major Daljitp Singh and G. Ramegowda, Major & Others v. Spl. Land Acquisition Officer, emphasizing the liberal construction of "sufficient cause" to advance substantial justice.

Ultimately, the Tribunal allowed the applications for condonation of delay, taking into account the public interest implications in cases involving government entities. The judgment recognized the procedural delays inherent in government decisions and the need for some latitude in such matters. The cases were scheduled for an early hearing, with notices to be sent to unrepresented respondents promptly.