TMI Blog2023 (4) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... elay in filing the Appeal if he is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within two months. It, therefore, implies that if the Appeal is filed after one month after the expiry of the initial period of two months, the delay cannot be condoned. This issue was considered by the Supreme Court in Singh Enterprises [[ 2007 (12) TMI 11 - SUPREME COURT] ], the Supreme Court examined the provisions of section 35 of the Central Excise Act, 1944, which is para materia to the provisions of section 85 of the Finance Act, and observed that delay can be condoned in accordance with the language of the Statute which confers power on the Appellate Authority to entertain the appeal by condoning the delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation prescribed under section 85 of the Finance Act, 1994 [the Finance Act]. 2. In order to appreciate the issue involved, it will be useful to reproduce the relevant provisions of section 85 of the Finance Act and they are as follows:- 85. Appeals to the Commissioner of Central Excise (Appeals)- (1) Any person aggrieved by any decision or order passed by an adjudicating authority subordinate to the Principal Commissioner of Central Excise or Commissioner of Central Excise may appeal to the Commissioner of Central Excise (Appeals). ***** (3A) An appeal shall be presented within two months from the date of receipt of the decision or order of such adjudicating authority, made on and after the Finance Bill, 2012 receives t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal to the Commissioner (Appeals) within two months from the date of receipt of the decisions or orders. The proviso, however, stipulates that the Commissioner (Appeals) may, if he is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of two months, allow it to be presented within a further period of one month. It is, therefore, clear that an appeal can be filed within two months from the date of communication of the order but if the Appeal is filed after two months but within one month after the expiry of two months, the Commissioner (Appeals) may condone the delay in filing the Appeal if he is satisfied that the appellant was prevented by sufficient cause from preferring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed within three months from the date of communication to him of the decision or order. However, if the Commissioner is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, he can allow it to be presented within a further period of 30 days. In other words, this clearly shows that the appeal has to be filed within 60 days but in terms of the proviso further 30 days time can be granted by the appellate authority to entertain the appeal. The proviso to sub-section (1) of Section 35 makes the position crystal clear that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 days. The language used makes the position clear that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts of the case. In that case there was no law declared by this Court that even though the Statute prescribed a particular period of limitation, this Court can direct condonation. That would render a specific provision providing for limitation rather otiose. In any event, the causes shown for condonation have no acceptable value. In that view of the matter, the appeal deserves to be dismissed which we direct. There will be no order as to costs. (emphasis supplied) 9. Section 35 of the Central Excise Act 1944 which was considered by the Supreme Court in the aforesaid case is reproduced below: 35. Appeals to Commissioner (Appeals) . - (1) Any person aggrieved by any decision or order passed under this Act by a Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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