2014 (6) TMI 200 - HC - Central Excise

Condonation of delay - whether there was sufficient cause for condonation of delay of about one and a half year in filing the appeal before the Tribunal - Held that - no ground for condonation of colossal delay of about one and a half year in filing the appeal before the Tribunal has been made out. Even the Tribunal while dismissing the application for condonation of delay filed along with the appeal against the order dated 9.8.2010 (Annexure P-3) passed by the Commissioner (Appeals), noticed that the application was blank as number of days of delay in filing the appeal had not been mentioned therein and also the verification date was blank. It was one Bindu Gupta, DE (Legal) Office of GMT, Patiala who had verified such application by an affidavit - In the absence of definite averments and substantive proof with material to substantiate the reasons for condonation of delay, no justification for condonation of exorbitant delay of about one and a half year in filing the appeal before the Tribunal arises - Decided against the assessee.

Summary

Issues:
Condonation of delay in filing appeal before the Tribunal.

Analysis:
The petitioner filed a writ petition under Articles 226/227 of the Constitution seeking to quash orders passed by the authorities disallowing cenvat credit. The Joint Commissioner issued a notice disallowing cenvat credit, which was upheld by the adjudicating authority. The petitioner appealed to respondent No.2, who reduced the penalty but disallowed credit on certain construction works. The petitioner then filed an appeal with the Tribunal, which was dismissed due to a delay of about one and a half years. The main issue was whether there was sufficient cause for condonation of such delay.

Examining the legal position on condonation of delay under Section 5 of the Limitation Act, the court referred to previous judgments emphasizing the importance of showing "sufficient cause" for delay. The court highlighted that the law of limitation aims to ensure legal remedies are availed without undue delay. It was noted that the term "sufficient cause" is flexible, allowing courts to apply the law in a manner that serves justice. The court emphasized the need for a liberal approach for short delays and a stricter approach for longer delays.

In this case, the court found that no grounds were presented for condoning the significant delay in filing the appeal before the Tribunal. The Tribunal had also noted deficiencies in the application for condonation of delay, such as missing information on the days of delay and verification date. Without substantial proof or valid reasons for the delay, the court concluded that there was no justification for condoning the delay of about one and a half years. As a result, the writ petition was dismissed, as no grounds for entertaining it were established.

In conclusion, the court's decision was based on the lack of sufficient cause for condonation of the substantial delay in filing the appeal before the Tribunal. The judgment emphasized the importance of presenting valid reasons and substantial proof when seeking condonation of delay, highlighting the need for diligence and compliance with procedural requirements in legal proceedings.