K.S. Dilipsinhji, Member (T)

1. The Collector of Central Excise, Bombay-II, has authorised the Deputy Collector to file the present appeal against the Order No. C-859/BII-192/83 dated 19.4.83 of the Collector of Central Excise (Appeals), Bombay, under which the Collector (Appeals) gave the benefit of Rule 56-A concession to the extent of Rs. 2922.69 to M/s. Garware Paints Ltd. Since the Collector of Central Excise, Bombay-II, received the order of the Collector (Appeals) on 21.4.83 and the appeal on his behalf was filed in the Registry on 30.7.83, there was a delay of 9 days which required condonation before the appeal could be taken up on merits. Accordingly, the Departmental Representative was asked to state what reasons the appellant had in favour of the request for condonation of the appeal, which request was contained in the Deputy Collector's letter addressed to the Registry. The Departmental Representative was also informed as to why no application in proper form was filed for condoning the delay. The Departmental Representative agreed with my views regarding the procedural lapse but made an oral request for condoning the delay on grounds of consultation 'with concerned