2018 (11) TMI 176 - AT - Service Tax

Condonation of delay of 41 days in filing appeal - power of Commissioner (A) to condone delay beyond 30 days - Held that - In the present case, the delay was beyond the condonable limit - issue decided in the case of SINGH ENTERPRISES VERSUS COMMISSIONER OF C. EX., JAMSHEDPUR 2007 (12) TMI 11 - SUPREME COURT OF INDIA , where it was held that there was no power to condone the delay after the expiry of 30 days period - delay cannot be condoned - appeal dismissed - decided against appellant.

Summary

Issues:
Delay in filing appeal before Commissioner (A) beyond the condonable limit.

Analysis:
The case involved an appeal where the appellant failed to produce the copy of show-cause notice and Order-in-Original. The appellant provided erection, commissioning, or installation services to a company and collected service tax but did not pay it to the government. A show-cause notice was issued, demanding the unpaid service tax along with interest and penalty. The original authority confirmed the demand, imposed penalties, and the appellant filed an appeal with a delay of 41 days. The Commissioner (A) dismissed the appeal, citing the inability to condone the delay beyond 30 days. The appellant argued for condonation of delay under Section 5 read with Section 29(2) of the Limitation Act, referencing a relevant case law.

The appellant contended that there was no mala fide intent in the delay and sought condonation under the Limitation Act. The appellant relied on a case law to support their argument. The respondent, however, defended the dismissal of the appeal, stating that the Commissioner (A) lacked the authority to condone delays beyond 30 days after the prescribed 60-day period for filing appeals. The Tribunal referred to a previous judgment which clarified the appellate authority's power to condone delays. The judgment highlighted that the appeal must be filed within 60 days, with a further 30-day condonable period. The Tribunal upheld the impugned order, citing the precedent and dismissing the appellant's appeal due to the delay being beyond the condonable limit.

In conclusion, the Tribunal upheld the dismissal of the appeal due to the delay exceeding the condonable limit set by the statute. The decision was based on the interpretation of relevant legal provisions and previous judgments, emphasizing the limited authority of the appellate body to condone delays. The appellant's arguments for condonation under the Limitation Act were not accepted, and the impugned order was upheld.