2019 (5) TMI 596 - AT - Service Tax

Condonation of delay of three months in filing the appeal - Delay occurred for the reason that Mr Vivekanand Naik, Accountant of the firm looking after the taxation matter had slip disc and was advised complete bed rest - HELD THAT - The delay in filing the appeal has been explained on the basis of the ill health of the concerned employee (accountant) of the firm. The delay was not intentional and sufficient grounds exist for condonation of delay in the present matter. The delay of three months in filing the present appeal can be condoned - application for COD allowed.

Summary

Issues:
Condonation of delay in filing the appeal due to the ill health of the accountant looking after taxation matters.

Analysis:
The appeal before the Appellate Tribunal sought condonation of a three-month delay in filing the appeal, attributing it to the ill health of the firm's accountant responsible for taxation matters. The applicant supported the application with an affidavit and medical certificates from the consulting doctors of the accountant, who was on complete bed rest from January to August. The Applicant's Counsel argued that courts usually take a liberal view in allowing such applications, citing relevant legal precedents. On the contrary, the Authorized Representative for the Revenue opposed the application, questioning the relevance of the accountant and demanding further evidence. In response to the objections, the bench directed the filing of an affidavit from a partner in the firm endorsing the facts stated.

Subsequently, a duly notarized affidavit from the partner confirmed the accountant's ill health and the resulting delays in filing not only the appeal but also GST returns, VAT Audi Report, and personal income tax returns. After considering the submissions and the affidavit, the Tribunal noted the explanation for the delay due to the accountant's ill health and found sufficient grounds for condonation. Citing a Supreme Court decision emphasizing substantial justice and the elastic nature of "sufficient cause," the Tribunal concluded that the delay was unintentional and warranted condonation. Following the principles laid down in the decision, the Tribunal decided to condone the three-month delay and allowed the Miscellaneous Application filed by the Appellant.

In conclusion, the Tribunal granted the condonation of delay in filing the appeal, emphasizing the importance of substantial justice and the circumstances surrounding the delay due to the ill health of the firm's accountant responsible for taxation matters. The decision was based on legal principles supporting a liberal approach towards such applications, ensuring a just and fair outcome in the matter.