2015 (1) TMI 416 - AT - Service Tax

Condonation of delay - Insufficient explanation for delay of 30 days - Held that - delay was caused because of severe health problem the mother of the authorized representative was facing and it was also submitted that mother expired on 7.5.2013. We find that the Commissioner (A) could have condoned this delay. Having regard to such tragic circumstances we consider it appropriate that the Commissioner (A) should be directed to hear the appeal after condoning the delay in accordance with law. Accordingly the impugned order is set aside and the matter is remanded to the Commissioner (A) to decide the appeal treating the delay as condoned on merits. - Delay Condoned.

Summary

Issues involved: Delay in filing appeal and condonation of delay

Delay in filing appeal:
The appellant, a proprietorship running a computer training institute, entered into an agreement with KEONICS to provide training in the computer field for various High Schools. The proceedings resulted in a demand for service tax of Rs. 9,48,845/- along with interest and penalties. The appeal filed by the appellant was dismissed due to a delay of 30 days in filing the appeal, which was not satisfactorily explained. However, it was later revealed that the delay was due to the severe health problem faced by the mother of the authorized representative, who unfortunately passed away during this time. The Tribunal found that the delay could have been condoned by the Commissioner (A) considering the tragic circumstances. Consequently, the impugned order was set aside, and the matter was remanded to the Commissioner (A) to decide the appeal after condoning the delay.

Condonation of delay:
The Tribunal acknowledged the genuine reason for the delay in filing the appeal, which was the severe health problem and subsequent demise of the authorized representative's mother. Despite the initial dismissal of the appeal on grounds of delay, the Tribunal directed the Commissioner (A) to hear the appeal after condoning the delay in accordance with the law. This decision was made in light of the tragic circumstances surrounding the delay, emphasizing the need for a compassionate approach in such situations. The Tribunal's ruling highlights the importance of considering extenuating circumstances while deciding on the condonation of delay in legal proceedings.