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2017 (11) TMI 932 - HC - Central ExciseMaintainability of revision application - time limitation - condonation of delay in filing revision application - fault of postal authorities - Held that: - the petitioner had clearly stated that the revision application was submitted to the postal authority for being delivered at Delhi. But due to inefficiency of the postal department, the petition had reached Delhi, from Bangalore, after a delay of eight days. Once the petition was handed over to the postal department, the petition had no control over the delivery of the revision application in the office of the Under Secretary. Since the petition had been sent within the period granted by law, the petitioner had exercised due diligence. For, the petitioner cannot be blamed for the inefficiency of the postal department. Since the petition was delayed only by eight days, there was no reason for the Joint Secretary to have a pedantic view of the matter - also, since the Joint Secretary does have the power to condone the delay by further period of three months, the said power should have been invoked by the Joint Secretary; the delay of merely eight days should have been condoned by him. Delay condoned - petition allowed - decided in favor of petitioner.
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