2016 (10) TMI 1084 - AT - Service Tax

Appellate Tribunal dismisses appeal for delay citing N. Balakrishnan Vs. M. Krishnamurthy case

Srikar and Associates Pvt. Ltd. Versus CST, Chennai-II

The Appellate Tribunal CESTAT, Chennai, dismissed the condonation of delay motion and the appeal due to insufficient reasons provided by the appellant for ... Condonation of delay - delay in filing appeal - Held that: - averment in the application does not show any good reason to consider the same - When we did not find any justification of the reason stated, length of delay became material for consideration. Such length made the appeal time barred. Accordingly, delay is not condonable - appeal dismissed being not maintainable. Issues: Condonation of delay in filing appeal due to reasons provided by the appellant.Analysis:The judgment by the Appellate Tribunal CESTAT, Chennai, involved the issue of condonation of delay in filing an appeal based on the reasons provided by the appellant. The tribunal noted that the reasons presented by the appellant for the delay were vague and did not stand to reason. The appellant explained that due to non-receipt of money from major clients, they had to reinvest payments received from other customers into the business to sustain growth. The appellant also mentioned health issues leading to hospitalization due to frequent travel to meet clients. Despite efforts to collect outstanding money and remit it towards service tax liability, the appellant failed to file a timely appeal. The tribunal, however, found the reasons insufficient to justify the delay, citing the N. Balakrishnan Vs. M. Krishnamurthy case. The tribunal emphasized that the length of delay was significant in determining the appeal's timeliness, ultimately leading to the dismissal of the condonation of delay motion and the appeal itself as not maintainable.