2010 (2) TMI 508 - AT - Service Tax

Penalty delay of 253 days in filing the appeal before the Tribunal - wife of the appellant and the appellant himself were suffering from Chickengunia Held that - appellant has not justified the delay properly in order to condone the delay - condonation of delay is dismissed.

Summary

Issues: Application for condonation of delay in filing an appeal before the Tribunal.

In this case, the applicant filed an application for condonation of delay of 253 days in filing the appeal before the Tribunal. The applicant, through an affidavit, explained that there was a mistake in computing service tax, which was rectified promptly upon discovery. The applicant claimed ignorance of the procedure due to the introduction of service tax for the first time. The original authority did not impose a penalty, but the Revision authority did. The applicant sought the appeal to be allowed and the impugned order to be stayed. The applicant also applied for waiving the pre-deposit of penalty. The applicant's counsel cited a Supreme Court decision in support of the case. The Departmental Representative argued that the Division Bench decision favored the revenue as the appellant did not provide sufficient evidence for the delay in filing the appeal, except for medical certificates. The Tribunal, after considering both sides' submissions and the affidavit filed by the appellant, found the reasons for the delay unsatisfactory. The appellant claimed that the delay was due to health issues suffered by the appellant and his wife, supported by medical certificates. However, the Tribunal noted that the order of revision was received by the appellant well before the health issues were diagnosed. As a result, the Tribunal concluded that the appellant failed to justify the delay adequately and dismissed the application for condonation of delay, subsequently dismissing the stay application and appeal.

This judgment highlights the importance of providing valid and justifiable reasons for seeking condonation of delay in legal proceedings. It underscores the need for parties to demonstrate diligence and promptness in pursuing appeals before the Tribunal. The case also emphasizes the significance of complying with procedural requirements and deadlines in legal matters, even in situations where unforeseen circumstances arise.