2019 (11) TMI 613 - HC - Service Tax

Condonation of 67 days delay in filing the appeal before the CESTAT by the Revenue - Section 86(2) of the Finance Act, 1994 - HELD THAT - In the absence of any acceptable/believable reason for not filing an appeal, no fault can be found with the impugned order of the Tribunal, in holding that the reason given for the delay as sufficient cause, namely, the introduction of GST is on the face of it is unacceptable as the orders in question were all passed much after the introduction of GST. The occasion to adopt a liberal approach in matters of condonation of delay would only arise if some cause is made out for the delay - Therefore, the view taken by the Tribunal in the present facts cannot be said to be perverse. The proposed question of law does not give rise to any substantial question of law. Thus, not entertained - Appeal dismissed.

Summary

Issues:
1. Condonation of delay in filing an appeal under Section 35G of the Central Excise Act, 1944 and Section 83 of the Finance Act, 1994.
2. Justification of condoning the delay of 67 days in filing the appeal before the Tribunal.

Detailed Analysis:
Issue 1: The appeal challenges the order dated 18th February, 2019 passed by the Tribunal, rejecting the appellant's application for condonation of 67 days delay in filing the appeal from the order dated 23rd August, 2018 of the Committee of Chief Commissioners under Section 86(2) of the Finance Act. The appellant filed an appeal from the order dated 26th March, 2018 passed by the Commissioner of Central Excise, but there was a delay, prompting the need for condonation of delay.

Issue 2: The Tribunal rejected the application for condonation of delay, citing the reason for the delay as the re-organization and re-structuring of the Department due to the introduction of the Goods and Services Tax Act (GST). However, the Tribunal found this explanation unacceptable as the orders in question were passed post-GST implementation. The Tribunal held that no sufficient cause was explained by the appellant for condonation of delay, referencing a Supreme Court decision. The appellant contended that the Tribunal's decision was too technical and contrary to a Supreme Court directive for a liberal approach in condonation of delay cases. However, the High Court upheld the Tribunal's decision, emphasizing that the explanation provided for the delay was not acceptable and did not constitute sufficient cause for condonation.

In conclusion, the High Court dismissed the appeal, stating that the Tribunal's decision was not perverse, as no substantial question of law arose from the case. The Court highlighted the importance of adhering to appeal timelines unless sufficient cause, free from negligence, is demonstrated. The Court found the explanation provided by the appellant insufficient and upheld the Tribunal's decision to reject the application for condonation of delay.