2013 (10) TMI 129 - AT - Service Tax

Condonation of Delay Delay of 56 Days - Held that - Misplacement of the file of a Company, cannot be the reason for condonation of delay in filing the appeal - However, it should be considered under which circumstances the file was misplaced - the file was misplaced at the time of shifting of a portion of their office from 5th Floor to 3rd Floor - It was also noted that during the course of shifting to the third floor, the files were transferred to the respective departments - It was also noted that the concerned staff after examining the files detected the present case file - It appeared that after shifting of the department, there was an imitative on the part of the staff to watch the files and the present case file was located - it was appropriate to condone the delay in filing the appeals - the delay in filing the above appeals were condoned and COD applications were allowed - Miscellaneous applications for additional facts to COD application were disposed of.

Issues: Condonation of Delay in Filing Appeal, Misplacement of File, Consideration of Supporting Additional Facts

Condonation of Delay in Filing Appeal:
The applicant filed applications for condonation of a 56-day delay in filing the appeal. The reasons for the delay included the misplacement of the file during the shifting of the office from the 5th floor to the 3rd floor. The staff located the file on 18.07.2012, realizing that the impugned order had not been challenged. The applicant rushed the file to the Advocate's office for drafting the appeal. The Revenue's representative argued that the delay was due to negligence and inaction on the applicant's part, emphasizing that the order was received on 24.02.2012, and the shifting occurred in March. The Revenue contended that misplacement of the file should not be a reason for condonation of delay. The Tribunal considered the circumstances of the file's misplacement during the office shifting and observed the staff's initiative in locating the file. The Tribunal also noted that the applicant had filed earlier applications where stay was granted. Ultimately, the Tribunal agreed to condone the delay in filing the appeals, taking into account the overall facts and circumstances of the case.

Misplacement of File:
The misplacement of the file containing the impugned order was attributed to the shifting of a portion of the office from the 5th floor to the 3rd floor. The staff mistakenly shifted the file to the 3rd floor during this process. The file was later found by staff from another department on the 3rd floor, who then handed it over to the relevant official on the 5th floor. The Tribunal acknowledged that the misplacement occurred during the shifting process and considered the circumstances under which the file was misplaced. The Tribunal highlighted the staff's vigilance in detecting the file and noted that the misplacement was not deliberate but a consequence of the office relocation.

Consideration of Supporting Additional Facts:
The applicant also filed applications for consideration of supporting additional facts to the condonation of delay applications. It was mentioned that in a similar issue concerning the applicant's own case for an earlier period, appeals were filed within the time limit, and stay had been granted by the Tribunal. The Tribunal disposed of the miscellaneous applications for additional facts to the condonation of delay application after considering the applicant's earlier applications and the Tribunal's previous decision to grant stay. The Tribunal ultimately allowed the condonation of delay applications and disposed of the miscellaneous applications for additional facts.

This judgment by the Appellate Tribunal CESTAT CHENNAI highlights the importance of considering the circumstances surrounding a delay in filing an appeal, such as misplacement of files during office relocations. The Tribunal's decision to condone the delay was based on a thorough assessment of the facts and circumstances, emphasizing the need to balance procedural requirements with practical considerations.

← Previous Next →