2000 (8) TMI 702 - AT - Central Excise

Summary

Issues:
Condonation of delay in filing appeals under Section 35E(4) of the Central Excise Act, 1944.

Analysis:
The judgment dealt with the issue of condonation of delay in filing appeals under Section 35E(4) of the Central Excise Act, 1944. The Appellate Tribunal considered arguments from both the Revenue and the respondents. The Revenue contended that the appeals were filed well in time, while the respondents argued that the Tribunal lacked the power to condone delays beyond the three-month period specified in the Act. Reference was made to a previous case where it was held that the Tribunal does not have the authority to extend the time limit for filing appeals under Section 35E(4) as it does for appeals under Section 35B.

The Tribunal highlighted that appeals to the Tribunal are governed by the provisions of Section 35B of the Act, which allows for the filing of appeals within three months from the date of communication of the order being appealed against. However, the Tribunal does not have the power to condone delays in filing appeals under Section 35E(4) beyond the prescribed three-month period. The Tribunal clarified that the provisions of the Act regarding appeals apply only to the extent possible to applications under Section 35E(4), with procedural provisions being applicable rather than substantive rights of appeal.

In the present case, the Revenue admitted that the four appeals in question were filed beyond the three-month period. Following the ruling of a Larger Bench in a previous case, the Tribunal dismissed the appeals as barred by time. The decision was made based on the understanding that the Tribunal lacks the authority to condone delays in filing appeals under Section 35E(4) of the Central Excise Act, 1944. The judgment emphasized the importance of adhering to the statutory timelines for filing appeals and the limitations on the Tribunal's power to extend such deadlines beyond what is explicitly provided for in the Act.