2012 (8) TMI 343 - AT - Service Tax

Plea for condonation of delay - reason provided for non filing the appeal in time being resignation of director looking after legal matters in August 2011 and non-information of order by him to management - in affidavit date of receipt of order mentioned as 04.05.12 whereas in ST-5 it is mentioned as 08.08.11 - Held that - We find that the appellant has been callous in exercising his right of appeal before us and has not given sufficient cause for seeking the condonation of delay. There is no bonafide reason for not filing the appeal in time. Accordingly, we are convinced that the appellant has not made out a case for the condonation of delay. Appeal dismissed.

Summary

Issues: Delay in filing appeal, condonation of delay, imposition of penalties

Delay in filing appeal:
The judgment deals with an application filed for condoning a delay of 182 days in filing an appeal. The appellant had paid the service tax liability and interest but contested the imposition of penalties, subject to the delay being condoned. The counsel referred to a Supreme Court judgment in support of the condonation of delay.

Condonation of delay:
The Tribunal noted that there was no dispute regarding the appellant receiving the order in appeal. However, it was revealed that a director responsible for legal matters had resigned and failed to inform the management about the impugned order, leading to the delay. The affidavit filed in support of the delay was found to be careless, as it contained discrepancies regarding the date of receipt of the order. The Tribunal concluded that the appellant had not provided sufficient cause for the delay and had been negligent in exercising the right to appeal. The lack of a bona fide reason for the delay led to the dismissal of the application for condonation of delay.

Imposition of penalties:
Due to the dismissal of the condonation of delay application, the stay petition and appeal were also dismissed. The Tribunal found that the appellant had not made a case for condoning the delay and, consequently, the penalties imposed were upheld.