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2015 (9) TMI 627 - KERALA HIGH COURT

2015 (9) TMI 627 - KERALA HIGH COURT - 2015 (39) S.T.R. 815 (Ker.) - Condonation of delay - Delay of 69 days - Held that:- Tribunal has stated in the impugned order that the non- availability of the Managing Director is not shown to have resulted in the business of the appellant to a standstill, and therefore, there is no reason to condone the delay, we think that the totality of the grounds raised in the appeal ought to have also been relevant consideration for viewing the situation as one wher .....

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owed on condition that the appellant remits to the Revenue an amount of ₹ 10,000 - Delay condoned conditionally. - C.E. Appeal. No. 6 of 2015 - Dated:- 24-3-2015 - Mr. Thottathil B. Radhakrishnan & Mr. K. Harilal, JJ. For the Petitioner : Advs. Sri. Anil D. Nair, Sri. R. Sreejith, Smt. C. S. Sulekha Beevi, Smt. Rosie Athulya Joseph, Sri. M. Balagopal For the Respondent : Adv. Sri. Saiby Jose Kidangoor, Sri. Thomas Mathew Nellimoottil, Senior Panel Counsel JUDGMENT Thottathil B.Radhakri .....

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ction with business activities and such official issues led to the non- institution of the appeal within the prescribed time. The Tribunal has the power to condone the delay. That power, which is specifically reflected in Section 35B(5) of the Central Excise Act, 1994, envisages discretionary power in that regard. Though the Tribunal has stated in the impugned order that the non- availability of the Managing Director is not shown to have resulted in the business of the appellant to a standstill, .....

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