2009 (2) TMI 479

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..... spondent. [Order]. - P.C. : Admit on the following substantial question of law. "Whether the Tribunal was justified in dismissing the appeal filed by the Appellant on the ground that even though as per the provision of Section 35(B) of the Central Excise Act, the Tribunal has power of condone the delay within the period of limitation?" 2. The respondents waive service. By consent of the parti .....

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..... we are of the opinion that sufficient cause for not filing the appeal in time has been shown by the appellant. The explanation offered by the appellant deserves to be accepted. Hence, the impugned order is set aside. The delay in filing the appeal is condoned. The Tribunal shall proceed to dispose of the appeal in accordance with law. 4. The instant appeal is disposed of in the aforestated terms .....

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