2009 (5) TMI 744 - AT - Central Excise

Issues Involved:
1. Delay in filing the appeal.
2. Explanation for the delay provided by the appellant.
3. Relevance of previous High Court judgment on condonation of delay.
4. Sufficiency of reasons for delay after April 2007.
5. Decision on condonation of delay and subsequent applications.

Detailed Analysis:

1. Delay in Filing the Appeal:
The primary issue in this case is the delay of 821 days in filing the appeal against the order of the Commissioner of Central Excise. The appeal was received by the appellant on January 8, 2007, and the delay is sought to be explained by various circumstances faced by the appellant.

2. Explanation for the Delay Provided by the Appellant:
The appellant explained the delay by citing several technical and financial difficulties, including:
- Inability to operate the plant at licensed capacity due to technical problems.
- Financial crunch and high overhead costs leading to the takeover of the plant by another company.
- Closure of operations and sealing of premises by the Court Receiver appointed by the High Court of Mumbai.
- Loss of access to records and books of accounts.
- Frequent litigations faced by the Managing Director and Directors in various courts.
- Health issues of the Chairman & Managing Director.
- Belief that no appeal was necessary due to the takeover by the Court Receiver.

3. Relevance of Previous High Court Judgment on Condonation of Delay:
The appellant drew attention to a previous judgment by the Madras High Court, which condoned a delay of 281 days in a similar case involving the same appellant. The appellant argued that the reasons for the delay in the current case were similar to those in the previous case, and thus, the delay should be condoned.

4. Sufficiency of Reasons for Delay After April 2007:
The respondent opposed the condonation of delay, arguing that the appellant failed to provide a satisfactory explanation for the delay after April 2007. The respondent noted that the reasons for the delay in the previous High Court case pertained to the period 2003-04, which was not relevant to the current case. The Tribunal also found that the appellant's belief that no appeal was necessary due to the takeover by the Court Receiver was not a sufficient or satisfactory reason for the delay.

5. Decision on Condonation of Delay and Subsequent Applications:
The Tribunal considered the rival submissions and the relevant extracts from the High Court order. It noted that the main reason for granting condonation of delay in the High Court case was the closure of the appellant's business from July 2001 to September 2003. However, the Tribunal found that the delay in the current case was not satisfactorily explained, particularly for the period after April 2007. The Tribunal concluded that the reasons given by the appellant were not sufficient or satisfactory, and thus, declined to condone the delay. Consequently, the application for condonation of delay was dismissed, along with the stay application and the appeal, which was dismissed as barred by limitation.

(Order dictated and pronounced in the open Court)

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