2018 (9) TMI 1591 - AT - Service Tax

Condonation of delay of 467 days in filing the appeal - case of appellant is that delay occurred due to the sudden illness of the staff looking after the service tax matters, who failed to bring it to the notice of the management about the impugned order - Held that - It is also initially stated by him that they were not able to raise funds for making the predeposit. The delay of 467 days is very large and such explanations cannot be a ground for condoning the delay - thus, appellant has failed to put forward sufficient cause for condoning the huge delay of 467 days - delay cannot be condoned - COD application dismissed.

Summary

Issues: Application for condonation of delay in filing an appeal due to staff illness and failure to raise funds for mandatory predeposit.

Analysis:
1. The appellant filed an application for condonation of delay of 467 days in filing the appeal, citing reasons such as the illness of the staff member responsible for service tax matters. The appellant argued that the delay was due to the staff member's mental disturbance caused by cancer treatment, which led to a failure in notifying the management about the impugned order and the necessary follow-up actions.

2. The appellant also mentioned the challenge in raising funds for the mandatory predeposit required under the Central Excise Act and Finance Act. Initially, the appellant believed the entire tax amount needed to be deposited, but later understood that only 10% was required. The appellant's management was unaware of the situation until the department demanded payment of the service tax confirmed in the impugned order.

3. The respondent, represented by the ld. AR, opposed the application for condonation of delay, arguing that the reasons provided by the appellant were insufficient. The respondent contended that the appellant failed to explain each day's delay adequately and dismissed the appellant's explanations related to the staff member's illness as fabricated stories.

4. After hearing both sides and examining the records, the Tribunal found that the appellant's reasons, including the staff member's illness and fund-raising challenges, were not sufficient to justify the significant delay of 467 days. The Tribunal concluded that such explanations could not serve as grounds for condoning the delay and subsequently dismissed the application for condonation of delay. Consequently, the appeal was also dismissed by the Tribunal.

This detailed analysis outlines the key arguments presented by both parties, the Tribunal's assessment of the reasons provided for the delay, and the ultimate decision to dismiss the application for condonation of delay and the appeal itself.