2010 (8) TMI 264 - AT - Service Tax

Appeal limitation - appeal addressed to the Commissioner, who transmitted the papers to the Commissioner (Appeals) - By the time the appellate authority received the papers there was a delay delay was not condoned Held that - Commissioner received the assessee s appeal on behalf of the Commissioner (Appeals) within the prescribed period of limitation - appellate Commissioner s end, there was no delay of appeal set aside the impugned order and allow this appeal by way of remand

Summary

Issues:
1. Delay in filing the appeal.
2. Condonation of delay.
3. Jurisdiction of the appellate authority.

Analysis:
1. Delay in filing the appeal:
The appellant, Maharashtra State Road Transport Corporation, filed an appeal against the order-in-original demanding service tax with interest and penalties. The appeal was addressed to the Commissioner but was transmitted to the Commissioner (Appeals), resulting in a delay. The appellate authority found the delay not condonable and rejected the appeal as time-barred.

2. Condonation of delay:
The appellant's appeal against the Jt. Commissioner's order was received within the statutory period of limitation at the Commissioner's end. The papers were then transmitted to the Commissioner (Appeals), indicating no delay in filing the appeal at the appellate Commissioner's end. The Tribunal held that the Commissioner received the appeal on behalf of the Commissioner (Appeals) within the prescribed period, allowing the appeal by way of remand for the Commissioner (Appeals) to deal with it on merits.

3. Jurisdiction of the appellate authority:
The Tribunal considered the jurisdictional aspect, emphasizing that there was no delay in filing the appeal at the appellate Commissioner's end. As a result, the impugned order rejecting the appeal as time-barred was set aside, and the stay application was disposed of. This decision highlights the importance of timely filing and proper transmission of appeal papers to the relevant appellate authority for a fair consideration on merits.