2018 (1) TMI 207 - HC - Central Excise

Condonation of delay in filing appeal - appeal filed beyond condonable period - date of receipt of the Order-in-Original - Held that - Considering the fact that the petitioner is a Local Body, manned by an Executive Officer without an Elected Body and considering the administrative issues faced by the Local Body, this Court is inclined to exercise its discretion in this matter and give an opportunity to the petitioner to establish before the Appellate Authority as to the exact date of receipt of the Order-in-Original - matter remanded for frsh consideration - appeal allowed by way of remand.

Summary

Issues:
1. Challenge to order demanding service tax under Section 73 of the Finance Act, 1994.
2. Appeal dismissal by Commissioner of Central Excise (Appeals-I) as time-barred.
3. Allegation of non-compliance with Supreme Court directions regarding service tax collection.
4. Invocation of extended period of limitation by the first respondent.
5. Scope of Section 65(105)(zzzz) of the Finance Act, 1994 in demanding service tax.
6. Failure to file a petition for condonation of delay before the Appellate Authority.
7. Discrepancy regarding the date of receipt of the Order-in-Original by the petitioner.
8. Administrative issues faced by the Local Body petitioner.
9. Relief sought by the petitioner in the writ petition.

Analysis:
1. The petitioner, a selection grade town panchayat, challenged a show cause notice invoking extended limitation period under the Proviso to Section 73(1) of the Finance Act, 1994, demanding service tax. The first respondent confirmed the demand, leading to an appeal dismissed as time-barred by the Commissioner of Central Excise (Appeals-I).
2. The petitioner alleged non-compliance with Supreme Court directions on service tax collection, arguing that tax could only be collected from 01.10.2011. The petitioner contended that the first respondent's order was barred by limitation and went beyond the scope of Section 65(105)(zzzz) of the Act.
3. The Appellate Authority rejected the appeal due to filing beyond the condonable period and absence of a petition for delay condonation. The petitioner claimed to have received the Order-in-Original on 14.1.2015, but the Authority stated it was dispatched on 14.12.2012, highlighting a discrepancy.
4. The Court, considering the petitioner's status as a Local Body, decided to grant an opportunity to establish the receipt date of the Order-in-Original before the Appellate Authority. The writ petition was allowed, setting aside the Commissioner's order and remitting the matter for fresh consideration.
5. The petitioner was directed to file an affidavit indicating the receipt date of the Order-in-Original and a petition for delay condonation within two weeks. The Appellate Authority was instructed to make a fresh decision within four weeks, keeping the recovery notice in abeyance until then. The Commissioner of Central Excise (Appeals-1) was to be informed, and no costs were awarded.