2018 (9) TMI 756 - AT - Service Tax

Condonation of delay in filing appeal - case of appellant is that delay occurred for the reason of closure of factory due to shortage of fund - Held that - The poor market demand had forced the appellant to stop the plant on 09.04.2016 and the order in appeal indicates that it was communicated to the plant unit at Pulgaon - The contention of the appellant is therefore acceptable that no responsible person was available there during such closure of plant to handle the taxation matters. Therefore such delay in filing appeal cannot be attributed to the negligence of the appellant company, which was going through a bad time. Delay condoned - COD application allowed.

Summary

Issues: Condonation of Delay in filing appeal due to closure of factory.

Analysis:
1. The appellant filed a petition for Condonation of Delay along with the appeal memo, citing closure of the factory due to a shortage of funds as the reason for the delay in filing the appeal before the Tribunal.
2. The appellant's counsel referred to a judicial decision in the case of Dunlop India Ltd. and relied on an order of the Hon'ble Supreme Court in the case of Perumon Bhagvathy Devaswom to argue that closure of the factory should be considered a sufficient ground for condonation of delay.
3. The respondent's counsel contended that deliberate inaction or negligence on the part of the appellant was highlighted in the Supreme Court judgment, denying the right of appeal to the appellant who had not exercised their rights in a timely manner.
4. After examining the case records and an intimation letter sent by the company to the Maharashtra Pollution Control Board, it was established that poor market demand had forced the appellant to stop the plant on a specific date. The appellant's argument that no responsible person was available during the plant closure to handle taxation matters was accepted, and the delay in filing the appeal was not attributed to negligence. Referring to a decision of the Tribunal in Chennai Bench, the delay was condoned, and the appeal was admitted for hearing.

This judgment highlights the importance of justifying delays in filing appeals before the Tribunal, considering the circumstances faced by the appellant, such as the closure of the factory due to market conditions. The decision underscores the need to assess each case on its merits and to interpret the grounds for condonation of delay in a reasonable and liberal manner, as supported by relevant judicial precedents.