2013 (5) TMI 338 - AT - Service Tax

Waiver of Pre-deposits - Condonation of a delay - Held that - Application was filed under an inapplicable provision of law (Section 5 of the Limitation Act, 1963). This apart, the above delay has been explained in the accompanying affidavit with reference to ill health. The application cannot be allowed without prescribing conditions. Thus, appellant should pre-deposit the amount within six weeks and report compliance to the Commissioner (Appeals) whereupon the appellate authority shall take up her appeal against the order-in-original for disposal on merits. The stay and COD applications also stand disposed of.

Summary

Issues:
1. Application for waiver and stay of adjudged dues
2. Application for condonation of delay in filing appeal
3. Requirement of pre-deposit for appeal

Analysis:

1. The judgment deals with an application seeking waiver and stay of adjudged dues confirmed against the appellant by the original authority. Additionally, there is another application by the appellant for condonation of a delay of 197 days in filing the appeal. The appellant cited reasons such as ill health, bedridden condition, and G.B. syndrome as the cause of delay. Medical certificates were submitted to support the claim. However, the application for condonation was found to be filed under an inapplicable provision of law. The Tribunal noted the difficulties in allowing the application in such a manner and decided that conditions needed to be prescribed before granting any relief. The appellant was also directed to plead her case on merits before the lower appellate authority.

2. The lower appellate authority had required the appellant to pre-deposit 50% of the service tax amount demanded by the original authority. However, the appellant failed to make this pre-deposit, leading to the dismissal of the appeal for non-compliance with Section 35F of the Central Excise Act. The Tribunal emphasized the importance of pre-deposit for enabling the appellate authority to dispose of the case on merits. Therefore, the appellant was instructed to make the pre-deposit within six weeks and report compliance to the Commissioner (Appeals) for further proceedings. The Tribunal decided to dispose of the case without requiring pre-deposit due to the specific circumstances involved, and the stay and condonation of delay applications were also resolved accordingly.

This comprehensive analysis covers the issues of waiver and stay application, condonation of delay, and the requirement of pre-deposit for the appeal as addressed in the judgment delivered by the Appellate Tribunal CESTAT Bangalore.