2018 (4) TMI 1689 - AT - Service Tax

Condonation of delay in filing appeal - payment of pre-deposit not made due to lack of resources - Held that - The appeals against the impugned order stand filed after a considerable delay of 319 days. The reasons cited for such delay of financial difficulty in making pre-deposit cannot be considered as a justifiable reason for the enormous delay of 319 days - the appeals filed by the appellants are time barred and hence, in absence of sufficient reasons, the condonation of delay in filing the appeals is dismissed - COD Application dismissed.

Summary

Issues: Appeal against order-in-appeal for service tax demand, delay in filing appeals, condonation of delay

Appeal against order-in-appeal for service tax demand:
The appellants, engaged in providing taxi services, filed appeals against the order-in-appeal upholding the demand for service tax by the Department. The impugned order was passed by the Commissioner (Appeals), Jaipur-I. The appellants had not paid service tax for providing taxi services to Jaipur Development Authority, leading to the Department's case for service tax demand.

Delay in filing appeals and Condonation of delay:
The appeals were filed with misc. petitions for condonation of a 319-day delay. The appellants cited financial difficulties in making the pre-deposit, which was mandatory, as the reason for the delay. The Tribunal noted that the appeals were filed considerably late, and the reason of financial difficulty was not deemed justifiable for such a significant delay. After hearing both parties, the Tribunal dismissed the condonation of delay and subsequently dismissed the appeals as time-barred due to insufficient reasons for the delay.

This judgment highlights the importance of timely filing of appeals in tax matters and the necessity of providing valid and justifiable reasons for any delay. The Tribunal emphasized that financial difficulties alone may not suffice as a valid reason for a substantial delay in filing appeals. It underscores the significance of adhering to procedural requirements and timelines in legal proceedings to avoid dismissal of appeals on grounds of delay.