2015 (2) TMI 707 - AT - Service Tax

Delay in filing of appeal - Sufficient reason for causing the delay - Held that - Considering the submissions made by both the sides, we find that the appeal has been filed within the condonable period of delay and the reasons causing the delay have also been explained to the satisfaction of this Bench. Decided in favour of appellant.

Summary

Issues: Appeal dismissed as time-barred, Condonation of delay, Stay application

Issue 1: Appeal dismissed as time-barred

The appellant filed an appeal against an adjudication order beyond the statutory period of three months before the commissioner (Appeals). However, they filed the appeal within a further period of three months, showing sufficient cause for the delay. The commissioner (Appeals) dismissed the appeal as time-barred without considering the sufficient reason for the delay. The Tribunal found that the appeal was filed within the condonable period of delay and the reasons for the delay were explained satisfactorily. Consequently, the Tribunal set aside the impugned order and remanded the matter back to the commissioner (Appeals) to decide on the merits.

Issue 2: Condonation of delay

The appellant, a builder, was advised by the Builders Association of India not to file the appeal initially due to the ongoing matter of taxability of service tax. However, on 13.09.2011, the Association directed the appellant to file the appeal, causing the delay. The Departmental Representative argued that the Association's advice did not prevent the appellant from approaching the judicial forum earlier. The Tribunal considered both sides' submissions and concluded that the delay was condonable, as the appeal was filed within the permissible period of delay and the reasons for the delay were satisfactory. The Tribunal granted waiver of pre-deposit and disposed of the appeal accordingly.

Issue 3: Stay application

After hearing both parties, the Tribunal decided to dispose of the appeal along with the stay petition. The appellant's counsel requested condonation of delay, explaining the circumstances leading to the delayed filing of the appeal. The Departmental Representative opposed the condonation, stating that the appellant could have approached the judicial forum earlier despite the Association's advice. The Tribunal, considering the explanations and reasons provided, granted waiver of pre-deposit and remanded the matter back to the commissioner (Appeals) for a decision on the merits in the interest of justice.

This judgment primarily dealt with the dismissal of an appeal as time-barred, the condonation of delay, and the disposal of the appeal along with the stay application. The Tribunal found that the appellant had valid reasons for the delay in filing the appeal and that the delay was condonable. As a result, the impugned order was set aside, and the matter was remanded back to the commissioner (Appeals) for a decision on the merits. The Tribunal granted waiver of pre-deposit and ensured that the appeal and the stay application were disposed of in a just manner.