2017 (12) TMI 19 - AT - Service Tax

Restoration of appeal - non-compliance of pre-deposit - Held that - the Tribunal becomes functus officio when the appeal is dismissed for non-compliance of pre-deposit since the same being an order disposing the appeal finally - appeal cannot be restored - application dismissed.

Summary

Issues: Restoration of appeal due to non-compliance of pre-deposit.

Analysis:
1. The appellant filed an application for restoration of appeal after it was dismissed for non-compliance of pre-deposit.
2. The Tribunal had directed the appellant to pre-deposit the entire duty demand within a specified period, which the appellant failed to comply with.
3. The appellant cited financial difficulties for non-compliance but eventually paid the entire service tax demand along with interest.
4. The appellant made multiple payments over the years, including an excess payment of ?3,00,000 by mistake.
5. The appellant requested restoration of the appeal, claiming a good case on merit and seeking a chance to contest the case.
6. The respondent opposed the application, stating that the appellant had been granted sufficient time for pre-deposit but failed to comply until recovery proceedings were initiated.
7. The respondent argued that the payments made by the appellant after the appeal dismissal cannot be considered as compliance with the pre-deposit order.
8. After hearing both sides, the Tribunal noted that the appellant had delayed the compliance and filed the restoration application after almost three years.
9. The Tribunal found no grounds for restoration as the appeal had been finally disposed of due to non-compliance with the pre-deposit order.
10. The Tribunal dismissed the application for restoration, stating that it becomes functus officio when an appeal is dismissed for non-compliance.

This detailed analysis covers the issues involved in the judgment regarding the restoration of the appeal due to non-compliance with the pre-deposit order, highlighting the arguments presented by both parties and the Tribunal's decision based on the facts and legal principles involved.