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TMI Blog2005 (5) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... plication for condonation of delay states that the impugned order passed by the Customs, Excise and Gold (Control) Appellate Tribunal (the Tribunal) is dated 25th March 2003 and the Appellant received it on 10th April 2003. 2. Admittedly, the period of limitation for filing an appeal to this Court is six months. Consequently, the period for filing the appeal would have expired on or about 10th Oc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , that the averment made in the application for condonation of delay was incorrect. We, therefore, repeatedly requested learned counsel for the Appellant to show us some proof of filing the appeal on 20th April 2004 as averred in the application. 5. Unfortunately, learned counsel could neither show us any paper to substantiate the averment that the appeal was filed on 20th April 2003, nor could h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exchequer. 8. That the delay occurred filing the CEAC could take place due to unavoidable circumstances and communication gap between the officials and the counsel." 7. The averments made in the application for condonation of delay are as vague as they can possibly be. There is nothing to show who was the officer dealing with the matter and when he was transferred. There is also nothing to show ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondone the delay in filing the appeal. The application is accordingly dismissed. 11. We may record here that in Court, we had adequately warned learned counsel for the Appellant to be far more careful in future failing which his conduct may have to be brought to the notice of the Bar Council. 12. The Registry should send a copy of this order to Mr. Rajendra Prakash, Commissioner of Central Excis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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