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2015 (12) TMI 1359 - CESTAT CHENNAI

2015 (12) TMI 1359 - CESTAT CHENNAI - 2016 (42) S.T.R. 914 (Tri. - Chennai) - Condonation of delay - Power of commissioner to condone delay beyond condonable period - Held that:- Supreme Court clearly held that the Commissioner (Appeals) has no power to condone the delay after expiry of 30 days period as provided under Section 85 of the Finance Act, 1994. We agree with the submission of the Revenue that there is no power of Commissioner (Appeals) to condone the delay. The wrong mentioning of the .....

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Technical Member And Shri P.K. Choudhary, Judicial Member For the Petitioner : M. N. Bharathi, Advocate For the Respondent : Shri B. Balamurugan, AC (AR) ORDER Per P. K. Choudhary Heard Shri M.N. Bharathi, learned Advocate for the appellant and Shri B. Balamurugan learned AC( AR), for the respondent. As the issue lies on a narrow compass, after disposing the stay application we take up the appeal for hearing. 2. After hearing both sides and on perusal of the records, We find that the Commission .....

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ower to condone the delay beyond the condonable period of limitation. 3. Ld. Advocate on behalf of the appellant drew the Attention of the Bench to the Preamble of the adjudication Order. It is seen from the Preamble of the adjudication order that the appeal would be filed within 3 months from the date of receipt of the order under Section 85 of the Finance Act, 1994. Ld. Advocate submits that limitation under Section 85 was amended on 28.5.2012 and thereafter the adjudication order. So the appe .....

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35 of the Central Excise Act, 1994 which is pari materia to Section 85 of the Finance Act, 1994. It is submitted that the Tribunal consistently held that on the plea of wrong mentioning of period of filling appeal of three months in preamble of the adjudication order, delay cannot be condoned by overriding the statutory limit of filling the appeal. He relies upon the following decisions :- (1) Raghav Industries Vs CC Amritsar 2008 (231) ELT 298 (Tri.-Chennai) (2) Sagar Enterprises Vs CC Tuticor .....

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entions that the appeal would be filed within three months whereas Section 35 F was amended w.e.f. 28-05-2012 and the adjudication order was passed subsequently on 25-07-2012 i.e. after the amendment. 5. We find that the Hon'ble Supreme Court on identical issue of condonation of dealy in the case of Singh Enterprises (supra) held as under :- "8. The Commissioner of Central Excise (Appeals) as also the Tribunal being creatures of Statute are vested with jurisdiction to condone the delay .....

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