2010 (10) TMI 377 - AT - Service Tax

Appeal to Appellate Tribunal - photographic services - exclusion of cost of materials - Restoration of Appeal - Power of review - Tribunal does not have power to review its orders while exercising its appeal power under Section 35C of the Act

Summary

Issues:
1. Restoration of Appeal No. ST/444/2007 dismissed by Final Order No. 1412/2009.
2. Compliance with provisions of Section 35F of the Central Excise Act.
3. Application for restoration of the stay application.
4. Consideration of hardship and undue loss due to natural calamity.
5. Applicability of judgments cited in support of the case.

Analysis:

1. The appeal for restoration of Appeal No. ST/444/2007 was filed by M/s. Canon Colour Lab (CCL) after it was dismissed for non-compliance with the provisions of the Finance Act, 1994. The Joint Commissioner had confirmed a demand of Service Tax along with penalties on CCL for services rendered during a specific period. The appellants argued that the show-cause notice was time-barred and pleaded for exclusion of the cost of materials used in providing services. Despite citing relevant tribunal decisions, the appeal was dismissed by the Commissioner (Appeals).

2. The Tribunal dismissed the stay application due to non-prosecution by CCL, leading to the requirement of compliance with Section 35F of the Central Excise Act. Several extensions were granted for depositing the dues, but the appellants failed to comply within the specified timelines, resulting in the final dismissal of the appeal. The Tribunal emphasized the necessity of pre-deposit for entertaining appeals under the Act.

3. CCL filed an application for restoration of the stay application, citing reasons such as lack of communication from their advocate regarding hearing dates, heavy losses due to floods, and the inability to comply with the deposit requirement. They referenced various legal judgments to support their case, seeking relief from the undue hardship caused by the financial obligations imposed.

4. The application highlighted the severe impact of natural calamities on the appellant's business operations and financial situation, leading to their failure to meet the regulatory requirements within the stipulated timeframes. The Tribunal considered the arguments presented by both sides, emphasizing the importance of adhering to statutory provisions despite unforeseen circumstances.

5. The Tribunal, after thorough examination of the case records and submissions, concluded that the appellants had multiple opportunities to address the compliance issues but failed to avail them. Citing legal precedents, the Tribunal clarified its limitations in reviewing or altering final orders once pronounced. As the Finance Act, 1994 did not grant the Tribunal the power of review, the application for restoration of the appeal and stay application was dismissed.

In summary, the judgment emphasizes the significance of timely compliance with statutory requirements, the limitations on the Tribunal's review powers, and the need for parties to diligently adhere to legal obligations despite external challenges.