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2021 (9) TMI 541 - AT - Service TaxMaintainability of appeal - appeal dismissed for non-prosecution in terms of Rule 20 of the CESTAT (Procedure) Rules, 1982 - HELD THAT - From provisions of Rule 20 of the CESTAT Procedure Rules, 1982, it is quite evident that CESTAT can grant adjournment to either side in appeal for a maximum number of three times. In this case whenever the matter has been posted for hearing, the appellant has chosen to abstain from hearing. He has not even cared to file any request seeking adjournment at any time. The conduct of the appellant clearly shows that he is not interested in pursuing this appeal. The appeal is dismissed for non-prosecution in terms of Rule 20 of the CESTAT (Procedure) Rules, 1982.
Issues: Appeal against Order-in-Original, False declaration in Form VCES-1, Service Tax demand confirmation, Interest payment, Penalty imposition for false declaration, Penalty for not filing ST-3 Returns, Non-appearance of appellant during hearings, Dismissal of appeal for non-prosecution.
Analysis: 1. The appellant filed an appeal against Order-in-Original No. NSK-EXCUS-001-COM-003-15-16, challenging the Commissioner's decision. The Commissioner found the declaration in Form VCES-1, filed by the assessee, for an amount of &8377; 34,440/- for the period from 01.10.2007 to 31.12.2012, to be substantially false. Consequently, a Service Tax demand of &8377; 1,17,130/- was confirmed, along with interest under Section 75 of the Finance Act, 1994. Additionally, penalties were imposed on the assessee for the false declaration and for not filing periodical ST-3 Returns. The penalty amount was subject to reduction if the service tax, interest, and reduced penalty were paid within 30 days of the order's communication. 2. Despite the appellant filing an appeal, they failed to appear during multiple scheduled hearings. The record indicated that the appellant was absent on several occasions, and no adjournment requests were made. The Customs Act, 1962, and CESTAT Procedure Rules, 1982, allow for adjournments with limitations. Section 129 B (1A) of the Customs Act permits adjournments upon showing sufficient cause, with a maximum of three adjournments per party. Rule 20 of the CESTAT Procedure Rules states that if the appellant does not appear for the hearing, the Tribunal may dismiss the appeal for default or decide it on merits. 3. The Tribunal noted the appellant's consistent absence and lack of interest in pursuing the appeal. Despite the provisions allowing adjournments, the appellant did not seek any adjournments or provide reasons for non-appearance. Consequently, the Tribunal exercised its discretion and dismissed the appeal for non-prosecution in accordance with Rule 20 of the CESTAT (Procedure) Rules, 1982. In conclusion, the Tribunal upheld the Commissioner's decision due to the false declaration and confirmed Service Tax demand, along with penalties. The dismissal of the appeal for non-prosecution was based on the appellant's continuous absence and lack of effort in pursuing the case, despite multiple opportunities provided for hearings.
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