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2012 (7) TMI 506 - AT - Service TaxRejection of appeal on the ground of time bar - Held that - Contention of assessee for delay in filing the appeal has occurred due to correspondence with the corporate office for legal advice as to whether or not an appeal is to be filed is not plausible one for allowing the petition for condonation of delay as it was not a matter beyond the control of the appellant - Commissioner (Appeals) has no power to condone the delay beyond the period of 30 days - against assessee.
Issues: Time bar for filing appeal, power of Commissioner (Appeals) to condone delay
The judgment addresses the issue of the time bar for filing an appeal and the power of the Commissioner (Appeals) to condone the delay. The appellant's appeal was rejected by the Commissioner (Appeals) on the grounds of being time-barred. The appellant had sought condonation of delay due to correspondence with the corporate office for legal advice on filing the appeal. However, the Commissioner (Appeals) held that the delay was not beyond the appellant's control and rejected the condonation request, leading to the rejection of the appeal. The Tribunal noted that the issue of condonation of delay by the Commissioner (Appeals) is settled law as per the decision of the Hon'ble Supreme Court in the case of Singh Enterprises v. Commissioner. The Supreme Court held that the Commissioner (Appeals) does not have the power to condone the delay beyond the period of 30 days. Additionally, the Tribunal referred to another Supreme Court decision in the case of Rajasthan Mechanical Works, where the Delhi High Court judgment was upheld, reinforcing the limitation on the Commissioner (Appeals) in condoning delays beyond 30 days. Considering the binding precedents set by the Hon'ble Supreme Court and the undisputed facts regarding the date of receipt of the order and the delay exceeding 30 days, the Tribunal found no grounds to interfere with the decision of the Commissioner (Appeals) to reject the appellant's appeal. Consequently, the Tribunal upheld the rejection of the appeal and disposed of the stay petition accordingly. The appellant's argument for condonation of delay was deemed insufficient, and the appeal was dismissed based on the established legal principles and precedents.
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