2018 (9) TMI 1140 - AT - Service Tax

Time limitation - Short-payment of service tax - Held that - It is seen that the contention of the appellant that they have not received the copy of the order and that they applied to the Assistant Commissioner on 28.9.2015 is not supported by any probable evidence - Commissioner (Appeals) has rightly rejected the appeal on the ground of limitation - Appeal dismissed.

Summary

Issues: Appeal dismissed on the ground of being time-barred.

Analysis:
The case involved an appeal filed by the appellants against a show cause notice for short-payment of service tax. The original authority confirmed the demand, interest, and penalties. The appeal before the Commissioner (Appeals) was dismissed as time-barred, leading to the current appeal. The appellant argued that they had not received the copy of the Order-in-Original on time, but the department provided documents showing dispatch and acknowledgment of receipt. The appellant failed to provide probable evidence supporting their claim of non-receipt. The Commissioner (Appeals) rejected the appeal based on the limitation period for filing appeals. The Tribunal upheld the decision, citing the law that the Commissioner (Appeals) has no power to condone delay beyond one month, as established in a previous Supreme Court judgment (Singh Enterprises Vs. Commissioner of Central Excise, Jamshedpur – 2008 (221) ELT 163 (SC)). The Tribunal found no reason to interfere with the impugned order and dismissed the appeal.