Subsequent statutory pre-deposit requires consideration before a timely Service Tax appeal is treated as permanently defective.
Mandatory pre-deposit is a condition for entertaining a Service Tax appeal, but filing an appeal within limitation is distinct from entertaining it for adjudication. Where the prescribed deposit is subsequently made before final disposal and the appeal has not been decided on merits, the later compliance is a material circumstance requiring consideration. This is not a request for waiver of pre-deposit. A dismissal based solely on absence of deposit at filing, without considering subsequent payment and satisfaction of the statutory condition, may amount to non-application of mind. (AI Summary)
Mandatory pre-deposit is a condition for entertaining a Service Tax appeal, but filing an appeal within limitation is distinct from entertaining it for adjudication. Where the prescribed deposit is subsequently made before final disposal and the appeal has not been decided on merits, the later compliance is a material circumstance requiring consideration. This is not a request for waiver of pre-deposit. A dismissal based solely on absence of deposit at filing, without considering subsequent payment and satisfaction of the statutory condition, may amount to non-application of mind. (AI Summary)
TaxTMI