2013 (4) TMI 610 - AT - Service Tax

Rejection of appeal - violation of condition of deposit - held that - the assesse is directed to file the challan before the appellate authority within two weeks. Thereafter the learned Commissioner (Appeals) shall take up and dispose of the appeal on merits

Summary

Issues: Violation of tribunal order leading to dismissal of appeal

Analysis:
The judgment by the Appellate Tribunal CESTAT NEW DELHI, delivered by Justice G. Raghuram, pertains to the violation of a tribunal order leading to the dismissal of an appeal. The appeal in question arose from an order dated 7.11.2012, where the Commissioner of Central Excise (Appeals), Jaipur, rejected the appellant's appeal due to the violation of a previous tribunal order dated 14.5.2012.

The order of the Deputy Commissioner dated 31.10.12, which initially dropped the proceedings against the assessee, was revised by the Commissioner of Central Excise Commissionerate, Jaipur, through an appeal before the Commissioner (Appeals). The appeal by the Revenue was allowed, leading the assessee to appeal to the Tribunal. The Tribunal, through its order dated 14.5.12, set aside the previous order and remitted the matter for de-novo consideration with the condition that the assessee should deposit Rs. 50,000 within four weeks and produce a challan to fix the date of the hearing.

However, the assessee failed to comply with the conditions stipulated in the tribunal's order. The appellant neither deposited the amount within the specified time nor filed the challan before the appellate authority. Consequently, the appellate authority dismissed the appeal due to the violation of the deposit condition as per the tribunal's order.

During the proceedings, it was acknowledged that the appellant had belatedly remitted the Rs. 50,000, a fact not contested by the learned DR. In light of the circumstances, the Tribunal set aside the impugned order of the Commissioner (Appeals) and directed the assessee to file the challan before the appellate authority within two weeks. Subsequently, the Commissioner (Appeals) was instructed to take up and dispose of the appeal on 5th April 2013, focusing on the merits of the case.

In conclusion, the judgment addressed the consequences of non-compliance with tribunal orders and emphasized the importance of adhering to the conditions set forth in such orders to ensure a fair and just resolution of appeals.

This detailed analysis provides a comprehensive overview of the issues involved in the legal judgment, highlighting the key aspects and decisions made by the Appellate Tribunal CESTAT NEW DELHI.