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2013 (7) TMI 426 - AT - Service TaxPeriod of limitation - Proof of delivery of show cause notice - Non-discharge of Service Tax on air travel agent services Held that - none of the entries pertain to the dispatch of the said OIO - not relevant for the purpose of verification - appellant s request under RTI was for providing the copy of the dispatch register for the year 2008-2009, while the lower authorities have provided him a copy of dispatch register for the year 2009-2010 - investigation report of the ld. Commissioner also indicates that they could not trace the dispatch records for the period December 2008 to January 2009 lower authorities have not considered the merits of the case - matter remanded back appeal allowed in the favour of the assessee
Issues:
Verification of dispatch of Order-in-Original, Appeal dismissal on limitation, Receipt of Order-in-Original by the appellant, Investigation report on dispatch records, Merits of the case not considered. Analysis: The judgment before the Appellate Tribunal CESTAT Ahmedabad involved various issues. Firstly, the matter was listed to ascertain the status of verification from the office of Commissioner of Service Tax Ahmedabad regarding the dispatch of Order-in-Original No. STC/AD-41/JC/D-III/08 to the assessee. The appeal was considered for disposal as the first appellate authority had dismissed it on the grounds of limitation. The appellant had received a Show Cause Notice for non-discharge of Service Tax on air travel agent services but did not cooperate with the adjudicating authority, leading to the Order-in-Original being passed on 29.12.2008. The appellant filed an appeal on 30.03.2011, claiming to have received the Order-in-Original on 30.12.2010, which the first appellate authority did not accept due to the appeal being filed beyond the permissible time limit. Regarding the receipt of the Order-in-Original, the appellant's counsel argued that they had not received it until 30.12.2010, supported by an RTI application showing no evidence of dispatch to the appellant. The Tribunal, after granting interim stay to the appellant, directed an investigation by the Commissioner of Service Tax, Ahmedabad. The investigation report revealed that the dispatch register for the relevant period could not be traced, and the register provided to the appellant was for a later period, indicating a lack of evidence regarding the dispatch of the Order-in-Original to the appellant. Based on the investigation report and discrepancies in the dispatch records, the Tribunal concluded that the appellant had received the Order-in-Original on 30.12.2010, allowing the appeal on the grounds that it was filed within the statutory time limit. The impugned order was set aside as it only dismissed the appeal on limitation without considering the merits of the case. Therefore, the matter was remanded back to the first appellate authority to reconsider the issue after following the principles of natural justice. The appeal was allowed by way of remand to the first appellate authority, emphasizing the importance of considering both procedural aspects and the merits of the case in such legal proceedings.
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