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2013 (9) TMI 35 - AT - Service TaxTime Barred Appeal - Condonation of Delay - The Commissioner (Appeals) rejected the appeal on the ground that appeal was filed before him beyond the condonable period of 3 months - Held that - Following the judgement of Kouni Travels Pvt. Ltd. Vs CST Bangalore 2009 (9) TMI 208 - CESTAT, BANGALORE - The appellant received the order on 20.4.2011 and filing of appeal was expired on 20.4.2011 - The further period 3 months for condonable period would start from 21.4.2011 and to be ended on 21.7.2011 - The appellant filed appeal on 21.7.2011, which was within the stipulated condonable period of 3 months Accordingly the impugned order was set aside and the matter was remanded back to him to decide the COD application on merit - While computing the condonable period of 3 months, the first day of the next block of 3 months will be excluded - the appeal was allowed by way remand Decided in favor of assesse.
Issues involved:
1. Timeliness of filing an appeal before the Commissioner (Appeals) within the condonable period of 3 months. Analysis: The judgment pertains to the timeliness of filing an appeal before the Commissioner (Appeals) within the prescribed condonable period of 3 months. The appellant received the impugned order on a specific date and filed the appeal after the expiration of the initial 3-month period. The appellant contended that the first day of the next block of 3 months should be excluded while computing the condonable period, relying on a previous decision by the Tribunal in the case of Kouni Travels Pvt. Ltd. The Ld. AR, on the other hand, argued that the General Clauses Act mandates exclusion of the date of receipt of the order only for the initial 3 months, not for the subsequent 3 months. The Tribunal analyzed the provisions of Section 85(3) of the Act and the General Clauses Act to determine the scope of the appeal period. The Tribunal referred to the decision in the case of Kouni Travels Pvt. Ltd., where it was held that the condonable period of 3 months should be computed by excluding the first day of the next block of 3 months. Applying this interpretation to the present case, the Tribunal found that the appellant filed the appeal within the stipulated condonable period of 3 months. Therefore, the impugned order of the Commissioner (Appeals) was set aside, and the matter was remanded back for further consideration on merit. The appeal was allowed by way of remand, and the stay application was disposed of accordingly. In conclusion, the judgment clarifies the computation of the condonable period for filing an appeal within 3 months as per the provisions of the Act and the General Clauses Act. The decision in the case of Kouni Travels Pvt. Ltd. was relied upon to determine that the first day of the next block of 3 months should be excluded while calculating the condonable period. The Tribunal's ruling in this case highlights the importance of adhering to statutory timelines and providing sufficient cause for any delays in filing appeals before the appellate authority.
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