2014 (8) TMI 382 - AT - Service Tax

Condonation of delay - Medical grounds and out of city ground - Commissioner declined to condone delay - Held that - no perversity in the order of the Appellate Commissioner rejecting the appeal, consequent on rejection of the application for condonation of delay, since no wholly satisfactory cause was furnished before the Appellate Commissioner for condoning the delay, However, since a copy of medical certificate certifying that the appellant was medically incapacited during the period of the delay is placed on record - Therefore, delay is condoned with order of costs - Decided conditionally in favour of assessee.

Summary

Issues Involved:
1. Appeal against service tax adjudication order.
2. Condonation of delay in filing appeal.
3. Rejection of appeal by appellate authority.
4. Medical certificate as evidence of incapacity.
5. Decision on condonation of delay by the Tribunal.

Issue 1: Appeal against service tax adjudication order

The appellant challenged the adjudication order confirming service tax, late fee, and penalties under Sections 77 and 78 of the Finance Act, 1994. The appeal was filed with the Commissioner (Appeals), Customs, Central Excise, and Service Tax, Allahabad on 9.4.2012.

Issue 2: Condonation of delay in filing appeal

The appellant cited incapacitation due to urgent work requiring travel and subsequent illness as reasons for the delay in filing the appeal. The appellate authority rejected the appeal, stating that although filed within the extended period of limitation, it was beyond the normal period. The medical certificate submitted by the appellant indicated treatment for Post Traumatic Peri-arthritis, bed rest, and medical fitness during the delay period.

Issue 3: Rejection of appeal by appellate authority

The Appellate Commissioner declined to exercise discretion to condone the delay, noting the lack of a wholly satisfactory cause for the delay. The rejection was based on the appellant's medical condition timeline and the absence of a convincing reason for the delay in filing the appeal.

Issue 4: Medical certificate as evidence of incapacity

The Tribunal considered the medical certificate provided by the appellant, certifying the medical condition and incapacity during the delay period. Despite finding no perversity in the Appellate Commissioner's decision to reject the appeal, the Tribunal acknowledged the medical evidence and inclined to condone the delay on terms of remittance of costs.

Issue 5: Decision on condonation of delay by the Tribunal

The Tribunal decided to condone the delay in filing the appeal on the condition that the appellant remits the specified amount to the credit of Revenue and provides proof of such remittance within two weeks. Failure to comply would result in the appeal being rejected. The Tribunal set aside the earlier order and directed the Commissioner (Appeals) to proceed with the appeal on its merits after the specified conditions were met, waiving the pre-deposit requirement.

This judgment highlights the importance of providing substantial reasons for delay in filing appeals, the significance of medical evidence to support claims of incapacity, and the Tribunal's discretion in condoning delays based on valid grounds and compliance with specified conditions.