2012 (1) TMI 55 - AT - Central Excise

Commissioner (Appeals) dismissed the appeal on ground of time bar - delay of 180 days Held that - Section 35F of the Central Excise Act 1944 provides that appeal is to be filed within 60 days from the date of receipt of the order and the Commissioner (Appeals) is empowered to condone further delay of 30 days. Supreme Court in the case of Singh Alloys held that Commissioner (Appeals) has no power to condone the delay beyond the period prescribed under the Central Excise Act 1944. In the present case there is a delay of 180 days in filing the appeal before the Commissioner (Appeals) which is beyond the condonable period. - Decided against the assessee.

Summary

The applicants filed an application for waiver of pre-deposit of duty, interest, and penalty. The appeal was dismissed due to a delay of 180 days in filing the appeal, which exceeded the condonable period. The Tribunal upheld the dismissal of the appeal as the delay was beyond the prescribed period under the Central Excise Act, 1944. The stay petition and appeal were both dismissed.