2025 (1) TMI 541 - AT - Service Tax

Appeal barred by time limitation or not - service of notices - whether service of adjudication orders at the old address was valid when the Appellant had changed its address? - HELD THAT - On considering the peculiar facts of the present case where the date stated in the appeals regarding communication of the Adjudication orders is much prior to the date of dispatch of the said orders which shows that averments in appeals were contrary to the instructions of the Appellant and also the medical records of the proprietor brought on record by the Appellant which shows medical condition of the proprietor, this Tribunal is of the opinion that the Appellant should not suffer for the lapses on the part of the Chartered Accountant who drafted the appeals, contrary to the instructions of the Appellant. Once the date of dispatch of the Adjudication orders is much after the date disclosed in the appeals and the Adjudication orders were admittedly dispatched to the old address, the inescapable conclusion is that the Appellant became aware of the Adjudication orders only when the envelopes containing the same were provided to the proprietor by Shri S.K Jigwani, owner of the old premises. In view of these facts supported by Affidavit and also in absence of any contrary material on record, the inescapable conclusion is that the two appeals were filed within the statutory time period and were therefore not barred by limitation. The impugned orders are, therefore, not sustainable and consequently set-aside. Conclusion - i) The appeals were filed within the statutory period when the correct date of service was considered. ii) The adjudication orders were not validly served at the Appellant's current address. The appeals are, therefore, allowed by way of remand, with direction to the Ld. Commissioner (Appeals) to hear and decide the appeals on merits, without raising any objection on limitation, after giving opportunity of hearing to the Appellant.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

Whether the appeals filed by the Appellant were barred by limitation due to being filed beyond the statutory period.
Whether the service of adjudication orders at the old address was valid when the Appellant had changed its address.
Whether the Appellant's appeals should be dismissed based on the incorrect date of service stated in the appeals.
Whether the Appellant should be penalized for the lapses of the Chartered Accountant who filed the appeals.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Limitation Period for Filing Appeals

Relevant Legal Framework and Precedents: The statutory time period for filing an appeal is two months from the date of service, with an additional condonable period of one month.
Court's Interpretation and Reasoning: The Tribunal noted that the appeals were filed beyond the statutory period based on the date of service initially stated in the appeals.
Key Evidence and Findings: The Tribunal found that the date of service stated in the appeals (19.04.2022) was incorrect and contradicted by dispatch records.
Application of Law to Facts: The Tribunal concluded that the appeals were filed within the statutory period once the correct date of service was considered.
Treatment of Competing Arguments: The Tribunal considered the Appellant's argument that the date of service was incorrect due to the Chartered Accountant's error.
Conclusions: The Tribunal set aside the impugned orders, finding the appeals were not barred by limitation.

Issue 2: Validity of Service at Old Address

Relevant Legal Framework and Precedents: Legal service requires dispatch to the correct and updated address of the party involved.
Court's Interpretation and Reasoning: The Tribunal determined that service at the old address was invalid as the Appellant had changed its address.
Key Evidence and Findings: The Tribunal accepted the Appellant's affidavit and evidence of address change as correct.
Application of Law to Facts: The Tribunal found that the orders were not served on the Appellant's current address.
Treatment of Competing Arguments: The Tribunal dismissed the Revenue's argument that service on the old address was sufficient.
Conclusions: The Tribunal concluded that the adjudication orders were not properly served, impacting the limitation period.

Issue 3: Incorrect Date of Service in Appeals

Relevant Legal Framework and Precedents: The accuracy of information in legal filings is critical for judicial consideration.
Court's Interpretation and Reasoning: The Tribunal acknowledged the incorrect date was due to the Chartered Accountant's error.
Key Evidence and Findings: The Tribunal relied on dispatch records and the Appellant's affidavit to correct the date of service.
Application of Law to Facts: The Tribunal corrected the record to reflect the true date of service.
Treatment of Competing Arguments: The Tribunal accepted the Appellant's explanation and supporting affidavit.
Conclusions: The Tribunal found the appeals were timely when the correct date was considered.

Issue 4: Chartered Accountant's Lapses

Relevant Legal Framework and Precedents: Parties should not be penalized for their representative's errors if they act in good faith.
Court's Interpretation and Reasoning: The Tribunal considered the Appellant's medical condition and reliance on the Chartered Accountant.
Key Evidence and Findings: The Tribunal reviewed medical records and affidavits supporting the Appellant's claims.
Application of Law to Facts: The Tribunal found the Appellant acted in good faith and should not suffer due to the Chartered Accountant's mistakes.
Treatment of Competing Arguments: The Tribunal sided with the Appellant's argument of good faith reliance.
Conclusions: The Tribunal allowed the appeals to proceed on merits, disregarding the Chartered Accountant's errors.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning:

"The inescapable conclusion is that the Appellant became aware of the Adjudication orders only when the envelopes containing the same were provided to the proprietor by Shri S.K Jigwani, owner of the old premises."

Core Principles Established:

Service of orders must be at the correct and updated address to be valid.
Parties should not be penalized for representative errors if they act in reliance and good faith.
The correct date of service is critical for determining the limitation period for appeals.

Final Determinations on Each Issue:

The appeals were filed within the statutory period when the correct date of service was considered.
The adjudication orders were not validly served at the Appellant's current address.
The incorrect date of service in the appeals was due to the Chartered Accountant's error, not the Appellant's fault.
The appeals are allowed by way of remand for a decision on merits without limitation objections.

← Previous Next →