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2015 (10) TMI 969 - GUJARAT HIGH COURT

2015 (10) TMI 969 - GUJARAT HIGH COURT - TMI - Condonation of delay - Delay of 76 days - Held that:- Perused the order impugned in the present appeal. It appears from the impugned order dated 9/4/2014 and particular observation made in para 4 of the application that though the ground was raised with regard to the illness of mother of employee, no evidence in support of such submission were produced before the Tribunal. However, considering the delay i.e. 76 days, we are of the opinion that it wo .....

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. J. Desai ) 1. By way of present appeal under section 35G of the Central Excise Act, 1944, the appellant herein has challenged the order dated 9/4/2015 passed by the Customs, Excise and Service Tax Appellate Tribunal, Ahmedabad below application No. A/10566/2014, by which, the Tribunal has declined to condone the delay of 76 days in preferring the appeal before the Tribunal challenging the order dated 30/9/2011 passed by the Assistant Commissioner of Central Excise and Customs, City Division, V .....

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t file the same within prescribed period of limitation since his mother was not well and therefore, the Tribunal ought to have condoned the delay of only 76 days. He would submit that delay be condoned and Tribunal be directed to decide the appeal on merits. 4. On the other hand, Mr. Oza , learned advocate for the respondent would submit that the Tribunal has rightly refused to condone the delay of 76 days since the appellant had failed in explaining the delay and documentary evidence in support .....

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