2000 (7) TMI 324 - AT - Central Excise

Summary

Issues: Delay in filing appeal before Commissioner, Condonation of delay based on medical grounds, Commissioner's dismissal of appeal, Judicial precedent on condonation of delay due to medical reasons.

Delay in filing appeal before Commissioner:
The appeal before the Appellate Tribunal arose from the dismissal of the appeal by the Commissioner due to a delay in filing. The appellant's case was managed by an individual who fell seriously ill with jaundice and was unable to file the appeal promptly. The appellant submitted a medical certificate issued by a specialist to explain the delay and sought condonation. However, the Commissioner dismissed the application for condonation, resulting in the dismissal of the appeal.

Condonation of delay based on medical grounds:
The appellant's counsel argued that the specialist who issued the medical certificate was both a family doctor and a specialist in medicine, despite holding a diploma in skin diseases. The counsel contended that this did not preclude the specialist from treating jaundice. Reference was made to various judicial precedents where delays in filing appeals were condoned on medical grounds, such as in cases involving surgery, sickness of family members, or dealing officers. The Tribunal noted that the delay in filing the appeal was adequately explained by the medical certificate issued by the specialist, and the delay was condoned.

Commissioner's dismissal of appeal:
The Commissioner had rejected the application for condonation of delay based on the belief that the specialist treating the individual was a skin specialist and not qualified to treat jaundice. The Tribunal disagreed with this view, emphasizing that the medical certificate provided a valid reason for the delay, especially in the absence of contradictory evidence from the Revenue. As the Commissioner had not addressed the case on its merits, the Tribunal set aside the impugned order and remanded the matter to the Commissioner (Appeals) for consideration on the merits.

Judicial precedent on condonation of delay due to medical reasons:
The Tribunal extensively cited various cases where delays in filing appeals were condoned due to medical reasons, highlighting the consistent approach of condoning delays caused by illness or medical emergencies. The Tribunal found that the appellant had a valid reason for the delay, supported by a medical certificate, and thus allowed the appeal to proceed for consideration on its merits. The decision was based on the principle that genuine medical reasons can constitute sufficient cause for condoning delays in legal proceedings.