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C.C. Ex. Vs. Hindustan Prestressed Control

C.C. Ex. vs Hindustan Prestressed Control

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi Decided Nov 15, 1988
~3 min read
https://sooperkanoon.com/case/4705

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Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided On
Subject
Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue
Service Tax

Parties & Advocates

Appellant / Petitioner

C.C. Ex.

Respondent

Hindustan Prestressed Control

Legal References

Reported In
(1989)(40)ELT358TriDel

Excerpt

.....to the settled law he states that each day's delay has to be explained by the collector. this has not been done in the subject application. for his proposition, the learned consultant relies on two decisions of the tribunal, namely (i) 1985 (22) elt 590 (tri.). [collector of central excise, kanpur v. calcutta hardware store (ii) 1986 (26) elt 784 (tri.) [collector of central excise, bombay v. grover & sons 4. i have carefully considered the pleas advanced on both sides. i observe that the collecter has not at all explained the reasons for delay as to why it was necessary to receive the opinion of the assistant collector. the collector has got full machinery to get the point examined in his office particularly when a point of law was involved and no questions of fact were to be examined. secondly, there is also no reason as to what steps he took to get expeditiously the opinion, if necessary, from the assistant collector's office. there is no time chart of events in explaining the delay. in these circumstances, i find sufficient force in the plea of the learned consultant for the non-applicant/respondent herein that delayed filing of appeal has not sufficiently been explained. i do not find that there is sufficient cause in delayed filing of the appeal. accordingly, the application is dismissed.5. in view of the above decision, the appeal itself is time barred and is, therefore, liable to be rejected as such. i order accordingly.

Full Judgment

The impugned order was served on the appellant-Collector on 25-8-1983. The last date for filing the appeal before the Tribunal was 25-11-1983 (the applicant wrongly states it as 24-11-1983). The appeal has, however, been filed on 25-1-1984. Filing of the appeal was, therefore, delayed by two months. The only ground for late filing of the appeal as stated in the application is that the opinion of the concerned Assistant Collector was received in the office of the Collector of Central Excise, Kanpur (appellant) on 30-12-1983. The Assistant Collector was of the view that it was merely a technical lapse. The appellant Collector, however, feels that the issue involved in the impugned order is a substantive point of law. In these circumstances, it has been prayed that the delay of two months be condoned.

2. The learned SDR has reiterated the aforesaid ground mentioned in the application.

3. Opposing the contention, the learned consultant, Shri S.L. Chopra has stated that no adequate reason has been given by the appellant-Collector for condonation of delay. According to the settled law he states that each day's delay has to be explained by the Collector. This has not been done in the subject application. For his proposition, the learned consultant relies on two decisions of the Tribunal, namely (i) 1985 (22) ELT 590 (Tri.). [Collector of Central Excise, Kanpur v. Calcutta Hardware Store (ii) 1986 (26) ELT 784 (Tri.) [Collector of Central Excise, Bombay v. Grover & Sons 4. I have carefully Considered the pleas advanced on both sides. I observe that the Collecter has not at all explained the reasons for delay as to why it was necessary to receive the opinion of the Assistant Collector. The Collector has got full machinery to get the point examined in his office particularly when a point of law was involved and no questions of fact were to be examined. Secondly, there is also no reason as to what steps he took to get expeditiously the opinion, if necessary, from the Assistant Collector's office. There is no time chart of events in explaining the delay. In these circumstances, I find sufficient force in the plea of the learned consultant for the non-applicant/respondent herein that delayed filing of appeal has not sufficiently been explained. I do not find that there is sufficient cause in delayed filing of the appeal. Accordingly, the application is dismissed.

5. In view of the above decision, the appeal itself is time barred and is, therefore, liable to be rejected as such. I order accordingly.

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