2016 (1) TMI 927 - HC - Service Tax

Condonation of delay in filing of appeal before Commissioner (appeals) - delay of 104 days - Held that - law is the Commissioner and the High Court has no power to admit an appeal where it is filed beyond the statutory time limit prescribed in the statute including the condonable period. Though the Order passed in ITC Ltd. 1990 (8) TMI 173 - SUPREME COURT OF INDIA is strongly relied on by the appellant, the same is not applicable as the said Order was passed considering the peculiar facts and circumstances of the said case and in view of the concession made on behalf of the Revenue as evident from paragraph 1 of the said Order . - Delay cannot be condoned - Decided against the assessee.

Summary

Issues:
Application for stay of order dated 23rd September, 2015 passed by CESTAT and for admission of appeal on several grounds under Central Excise Act, 1944 and Finance Act, 1994. Interpretation of statutory time limit for filing appeal and authority to condone delay.

Analysis:
The application under section 35G of the Central Excise Act, 1944 and Section 85(3A) of the Finance Act, 1994 was filed seeking a stay of the order passed by the Central Excise & Service Tax Appellate Tribunal (CESTAT) and admission of the appeal. The appellant contended that the appeal was filed within the statutory period for filing appeals, and the delay in filing should have been condoned due to the strong merits of the case. Reference was made to the judgment in Singh Enterprises v. Commissioner of Central Excise, Jamshedpur, emphasizing the need for condonation of delay beyond the statutory period.

The respondent, relying on a judgment of the Court in a similar matter, argued that the appeal was filed beyond the statutory time limit and should not be admitted. The Court considered the arguments presented by both parties and referred to relevant legal precedents to make a decision on the matter.

In the judgment of Singh Enterprises v. Commissioner of Central Excise, Jamshedpur, it was clarified that the appellate authority can only condone delay up to 30 days after the expiry of the normal 60-day period for filing an appeal. The Court also referred to the case of Satish Kumar Sharma, which highlighted the statutory time limit for filing appeals and the consequences of filing beyond the prescribed period.

The Court emphasized that the law does not permit admission of appeals filed beyond the statutory time limit, including the condonable period. It was noted that the judgments cited by the appellant were not applicable in the present case, as the legislature had enacted specific provisions regarding the time limit for filing appeals.

Ultimately, the Court concluded that the appellant's argument could not be accepted, and no order was passed on the application. Consequently, the application for stay was dismissed, and the appeal was not admitted based on the statutory time limit considerations and relevant legal principles discussed in the judgment.