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december 2007

Supreme Court of India · 2007-12-14

M/S. SINGH ENTERPRISES vs COMMNR.OF CENTRAL EXCISE, JAMSHEDPUR&ORS

Citation / case number
SC 2006/5333
Court
Supreme Court of India
Petitioner
M/S. SINGH ENTERPRISES
Respondent
COMMNR.OF CENTRAL EXCISE, JAMSHEDPUR&ORS
Author
ARIJIT PASAYAT
Bench
AFTAB ALAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the dismissal of a Writ Petition challenging the order of the Commissioner (Appeals) under Section 35 of the Central Excise Act, 1944, which denied condonation of delay in filing an appeal beyond the statutory period. The Court clarified that the Commissioner lacks the authority to condone delays beyond the prescribed 30 days after the initial 60-day period. The Court also noted that the High Court's power under Article 226 does not extend to condoning such delays, affirming the lower court's ruling.

M/S. SINGH ENTERPRISES vs COMMNR.OF CENTRAL EXCISE, JAMSHEDPUR&ORS · Niyam