|DATE:||(Date of pronouncement)|
|DATE:||March 30, 2009 (Date of publication)|
|Click here to download the judgement (hongo_delay_condonation.pdf)|
High Court has no power to condone delay in filing appeals
Where s. 35G of the Central Excise Act (= 260A of the I. T. Act) provided a time limit of 180 days for filing an appeal and there was no provision for condoning delay by showing sufficient cause after the prescribed period, there was complete exclusion of section 5 of the Limitation Act and the High Court had no power to condone the delay after expiry of the prescribed period. Even otherwise, the legislature had provided sufficient time for filing a reference to the High Court which was more than the period prescribed for an appeal and revision.
Note: The judgement of the Full Bench of the Bombay High Court in CCE vs. Shree Rubber Plast is impliedly overruled.
See Also: Shruti Colourants (Bom) and Velingkar Brothers 289 ITR 382 (Bom Full Bench).