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2016 (6) TMI 196 - AT - Central ExciseCondonation of delay - 235 days - applicant was totally unaware about the non-filing of the appeal as the matter was being looked after by the Corporate Office at Mumbai and also the concerned person dealing with the Excise matter left the organization in November 2014 - Held that:- where the delay caused in filing the present appeal is not deliberate and intentional and has been caused on account of the circumstances that applicants were not aware of the non-filing of the appeal before the Hon’ble CESTAT and it was only during the last week of July 2015 that the applicants came to know that no appeal had been preferred against the Order-in-Appeal after receiving a call from the jurisdictional Central Excise Officer requiring them to furnish the proof of payment under Section 35F of the Central Excise Act and thereafter the matter was brought to the notice of the Management at Bangalore. Therefore we condone the delay subject to appellants paying cost of ₹ 10,000/- (Rupees Ten Thousand only) within a period of six weeks from today and submitting the compliance report. - Delay condoned
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