2018 (6) TMI 1199 - AT - Service Tax

Condonation of delay of 56 days in filing appeal - personal leave of concerned officer - Held that - The concerned Officer, Shri Devendra J. Dalal, was on personal leave and certainly during his leave period somebody must have looked the affairs of the business entity. Personal leave is not a sufficient ground as per Section 5 of the Limitation Act, 1963 - delay cannot be condoned - COD application dismissed.

Summary

Issues: Condonation of Delay in filing appeal due to employee's leave

Analysis:
The appeal was filed against an Order-in-Original by the Commissioner of Customs, Central Excise & Service Tax, Surat-II, along with a Condonation of Delay application of 56 days. The delay was attributed to an employee, Shri Devendra J. Dalal, responsible for accounts and taxation work, being on leave. The appellant sought condonation citing a precedent from the jurisdictional High Court. The Tribunal noted that in a similar case, delay was condoned due to the office and factory being at different locations, causing delayed receipt of the order. However, in the present case, the employee's personal leave was not considered a sufficient ground under Section 5 of the Limitation Act, 1963. As no valid reason was provided, the Tribunal rejected the Condonation of Delay application and consequently dismissed the appeal.

This judgment emphasizes the importance of providing valid reasons for seeking condonation of delay in filing appeals. It highlights that personal leave of an employee may not be considered a sufficient ground for condonation, especially when there are mechanisms in place for others to manage affairs in their absence. The decision underscores the need for strict adherence to statutory provisions and precedents in such matters to ensure timely and efficient resolution of legal disputes.