2006 (10) TMI 24 - AT - Service Tax

Appeal- Limitation- Delay in filing appeal - Application for condonation of delay allowed - The stay application are allowed as the issue is covered in the assesse favour

Summary

Issues:
1. Condonation of delay in filing the appeal.
2. Settlement of the issue in favor of the appellant by previous Bench Final Order.
3. Proper steps to file the appeal.
4. Reference to the Apex Court judgment on condonation of delay.
5. Granting full waiver of pre-deposit and early hearing of the appeal.
6. Stay applications for recovery of service tax on certain elements.

Analysis:

1. The appellants sought condonation of a 105-day delay in filing the appeal, citing the unavailability of crucial documents due to the departure of the Chief Financial Officer who handled service tax matters. The subsequent Head of Finance affirmed that the Company learned about the impugned order only when the Revenue initiated recovery proceedings. The Tribunal had previously granted full waiver of pre-deposit and allowed the appeal, indicating prima facie merit. The delay was condoned based on these circumstances.

2. The learned Counsel argued that the issue was settled in the appellant's favor by a previous Bench Final Order, and had they been aware of the impugned order, they would have filed the appeal along with the previous one. The Head of Finance's Affidavit was presented to support the claim of no negligence, advocating for the acceptance of the delay condonation application.

3. The learned DR contended that the appellants should have taken proper steps to file the appeal, suggesting a lack of diligence on their part in addressing the matter promptly.

4. The Counsel referenced the Apex Court judgment in Coronation Spinning India v. Collector of Customs, Calcutta, where a similar delay in filing an appeal was condoned under comparable circumstances, establishing a legal precedent for condonation of delay.

5. Upon careful consideration, the Tribunal noted the appellant's challenge to the Revenue's demand on the same issue previously, leading to the grant of full waiver of pre-deposit and an early hearing of the appeal. The circumstances surrounding the delayed filing, including the departure of the Head of Finance without handing over crucial documents, were deemed sufficient cause for condonation of the delay.

6. The stay applications regarding the recovery of service tax on certain elements were considered in light of the previous Final Order that favored the appellant. The Tribunal allowed the stay applications, ensuring no recovery during the pendency of the appeals, with a scheduled final hearing on a specified date.

In conclusion, the Tribunal granted the condonation of delay, allowed the stay applications, and ensured no recovery during the appeal proceedings, based on the merits of the case and the circumstances surrounding the delayed filing.