RUKHMINI CHEMICAL INDUSTRIES Vs. CESTAT

JUDGEMENT

(1.) Heard respective counsel. Challenge is to the order of CESTAT dated 2-8-2010 refusing to con-clone delay of 8 years in filing appeal before it. The order questioned was dated 28-3-2002. By that order the Commissioner (Appeals) dismissed the appeal for non-compliance with its earlier order by which the appellant was directed to pre-deposit 25% of total amount (approximately Rs. 1,02,940/-) and penalty of Rs. 10,000/- within 15 days.

(2.) Mr. Kalwaghe states that the impugned order does not show application of mind to the facts and hence it is perverse and does not show exercise of judicial powers.

(3.) Mr. Deshpande invites our attention to the application for condonation of delay to urge that it is vague.