2015 (6) TMI 471 - HC - Service Tax

Rejection of appeal on ground of late filing - Received by the adjudicating officer in time, not by the appellate authority - Held that - Admittedly, the appeal has been preferred in time and in fact, it has reached two different sections in the very same office. After all, it is a transfer from one portion of the building to another portion and especially when the appeal has been received by the very adjudicating officer, who has passed an order, he ought to have sent it to the other wing of the very same building, but the same has not been done so. The order passed by the second respondent/appellate authority cancelling the very appeal on the ground that it was not received in time cannot be accepted. Referred case Radha Vinyl Pvt. Ltd. 2014 (3) TMI 621 - ANDHRA PRADESH HIGH COURT . - Decided in favour of appellant.

Summary

Issues:
1. Appeal timing discrepancy in the case of Service Tax demand.

Analysis:
In this case, a Partnership firm engaged in providing Customs House Agent's Services received a show cause notice demanding Service Tax. The firm's reply was rejected by the Assistant Commissioner of Central Excise, and an appeal was made to the appellate authority. The appeal was rejected on the grounds of not being received in time by the appellate authority, despite being submitted in time to the adjudicating officer. The petitioner argued that the appeal was indeed submitted on time and should have been transferred to the Commissioner's office. Reference was made to a similar case in the Andhra Pradesh High Court, where it was held that the mere addressing of the appeal to a wrong officer did not negate the fact that the appeal was filed before the Department. The High Court agreed with the petitioner's argument and set aside the order rejecting the appeal, directing the appellate authority to hear the appeal and pass appropriate orders on merits and in accordance with the law.

This judgment highlights the importance of procedural compliance in appeals related to tax matters. It emphasizes that the mere technicality of addressing the appeal to a wrong officer should not result in the rejection of the appeal if it was filed within the prescribed time limit. The court stressed the need for authorities to consider the substance of the appeal rather than dismissing it on procedural grounds. The decision serves as a reminder to adjudicating officers and appellate authorities to ensure that appeals are processed diligently and fairly, focusing on the merits of the case rather than procedural technicalities.

Overall, the judgment underscores the principles of natural justice and due process in tax matters, ensuring that taxpayers are given a fair opportunity to present their case and have their appeals considered on their merits. It sets a precedent for the proper handling of appeals, emphasizing the need for authorities to act in accordance with the law and provide a reasonable opportunity for taxpayers to be heard.