1997 (1) TMI 178 - AT - Central Excise

Summary

Issues: Delay in filing appeal, condonation of delay, pre-deposit of amount, grounds of limitation.

Analysis:
The case involved a prayer for dispensation of the pre-deposit of an amount due to a delay in filing an appeal beyond the stipulated period. The appellant's advocate pleaded that the delay was due to his wife's major surgery and his preoccupation with her care. The lower appellate authority had dismissed the appeal as time-barred. The advocate argued that the delay was beyond his control and cited judgments supporting the condonation of delay due to circumstances like the advocate's situation. The advocate provided evidence of his wife's surgery and hospitalization, emphasizing that the delay was unintentional. The Tribunal considered the circumstances, including the advocate's age and family situation, and observed that the delay was attributable to the advocate after the appellants had entrusted the matter to him in good faith. The Tribunal noted that the delay should be condoned in such cases and allowed the dispensation of the pre-deposit amount. The appeal was remanded to the lower appellate authority for a decision on merits after considering the pre-deposit issue under Section 35F of the Central Excise Act, 1944.

In the detailed analysis, the Tribunal acknowledged the advocate's genuine reasons for the delay, such as his wife's surgery and his responsibilities towards her care. The Tribunal considered the evidence presented, including the advocate's affidavit, and concluded that the delay should be condoned based on the advocate's bona fides and the circumstances beyond his control. The Tribunal highlighted the appellants' reliance on the advocate and their belief that the appeal would be filed in time, indicating that penalizing the appellants for the delay caused by the advocate would be unjust. The Tribunal referenced judgments supporting the condonation of delay in such situations and emphasized the need to consider the grounds of limitation in a compassionate light. Consequently, the Tribunal allowed the dispensation of the pre-deposit amount and remanded the appeal for a decision on merits, ensuring the appellants were given an opportunity to be heard on the pre-deposit issue under Section 35F of the Central Excise Act, 1944.