1999 (11) TMI 416 - AT - Central Excise

Summary

Issues:
Delay in filing appeal, Condonation of delay, Failure to appear before Assistant Collector, Claim for deduction under Sec. 4(4)(d)(ii), Competency of Tribunal to condone delay.

Delay in filing appeal:
The case involved a delay in filing an appeal against the Assistant Collector's order confirming a demand. The appellants claimed that they were not aware of the order due to the factory being closed, but it was noted that the order was received, albeit by the watchman. Despite being aware of the delay and the order, the appellants took an additional two months to file the appeal. The Tribunal found the appellants guilty of laches, emphasizing their casual and irresponsible conduct throughout the proceedings. The application before the Commissioner did not provide sufficient grounds to justify the delay in filing the appeal.

Condonation of delay:
The appellants filed an application for condonation of delay, citing reasons such as the factory being closed and not knowing who received the order. They also referred to a judgment of the Allahabad High Court urging for condonation beyond the powers given to the Commissioner. However, the Commissioner, relying on Sec. 35(1) of the Central Excise Act, 1944, did not condone the delay and dismissed the appeal without delving into the merits. The Tribunal noted that while it has the power to condone delays, in this case, the appellants failed to act in time and did not provide sufficient cause for condonation.

Failure to appear before Assistant Collector:
The case highlighted that the assessees did not appear before the Assistant Collector for the hearing, leading to the confirmation of the demand. Subsequently, the delay in filing the appeal and the lack of a valid reason for non-appearance were considered by the Tribunal in its decision.

Claim for deduction under Sec. 4(4)(d)(ii):
The appellants claimed that the Assistant Collector did not provide deductions as permitted under Sec. 4(4)(d)(ii). This claim was part of their argument to challenge the demand confirmed by the Assistant Collector.

Competency of Tribunal to condone delay:
The Tribunal addressed the issue of its competency to condone delays, noting that it is not restricted by a specific period for condonation. However, in this case, the Tribunal found that the delay in filing the appeal was not justified, and there was no sufficient cause presented to warrant condonation. The Tribunal upheld the Commissioner's decision to dismiss the appeal based on the lack of valid grounds for condonation.