2010 (4) TMI 514 - AT - Service Tax

Technical inspection and certification service - Demand was raised from assessee towards technical inspection and certification service rendered by it. Appeal against said demand was dismissed by Commissioner (Appeals) on ground that same had been filed beyond period prescribed for filing appeal including condonable period. Held that- in view of the statutory provisions Commissioner (Appeals) had rightly rejected assessee s appeal.

Summary

Issues:
1. Appeal filed against an order dismissed on the ground of limitation.
2. Interpretation of statutory provisions related to filing appeals in taxation matters.
3. Application for waiver of pre-deposit of a specific amount.

Analysis:
1. The appeal before the Tribunal was filed against an order of the ld. Commissioner (Appeals) which was dismissed on the ground of limitation. The appeal was found to be beyond the prescribed period for filing appeals, including the condonable period. The provisions of section 85 of the Finance Act, 1994, state that appeals against decisions or orders relating to service tax, interest, or penalty should be filed within three months from the date of receipt of such order. The Commissioner (Appeals) has the authority to condone the delay and admit an appeal if satisfied that there was sufficient cause for the delay. In this case, the Commissioner (Appeals) rightly rejected the appeal against the order of the Asstt. Commissioner, Central Excise based on these statutory provisions.

2. Referring to a judgment in Delta Impex v. CC (ACU), New Delhi, the Hon'ble High Court of Delhi highlighted the importance of examining the scheme of special laws and the nature of remedies provided within them. The judgment emphasized that if a special law provides a specific period of limitation and conditions for condonation of delay, the provisions of the Limitation Act may not be applicable. In the context of the Customs Act, 1962, the legislature intended to limit the condonable period to 30 days beyond the statutory period, excluding the application of section 5 of the Limitation Act. This decision sets a precedent that delay can only be condoned within the specified period as prescribed by the special law, without further extension.

3. The application filed by the Director, Department of Mines & Geology, Bangalore, sought a waiver of pre-deposit of a specific amount and applicable interest related to technical inspection and certification services rendered during a specified period. However, the dismissal of the appeal based on the limitation issue led to the rejection of the application for waiver as well. The decision to dismiss the appeal also resulted in the disposal of the stay petition related to the case at hand.

In conclusion, the judgment emphasized the strict adherence to statutory provisions regarding the filing of appeals in taxation matters, highlighting the importance of timelines and the limited scope for condonation of delays as specified by special laws like the Finance Act, 1994, and the Customs Act, 1962.