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of <h1>Tribunal permits change in cause title; appeal dismissed for delay without sufficient cause</h1> <h3>M/s. Kone Elevators (India) Pvt. Ltd. Versus Commissioner of Service Tax, Chennai</h3> M/s. Kone Elevators (India) Pvt. Ltd. Versus Commissioner of Service Tax, Chennai - TMI, [2013] 64 VST 450 (CESTAT) Issues:1. Application for change of cause title from Commissioner of Central Excise to Commissioner of Service Tax.2. Application for condonation of delay of filing the appeal.Analysis:Issue 1: Application for change of cause titleThe Department filed an application to change the cause title of the appeal from Commissioner of Central Excise, Chennai IV Commissionerate to Commissioner of Service Tax, Chennai. The application was made due to the appeal pertaining to the jurisdiction of the Service Tax Commissionerate. The Show Cause Notice was initially assigned to the Commissioner of Central Excise, Chennai IV Commissionerate but later reassigned to the Commissioner of Central Excise & Service Tax for adjudication. After hearing the Additional Commissioner, the Tribunal allowed the application, directing the Registry to correct the cause title accordingly. The applicant, M/s. Kone Elevators India Pvt. Ltd., was instructed to use the correct cause title in further proceedings.Issue 2: Application for condonation of delayThe appellant filed an application for condonation of a 98-day delay in filing the appeal. The appellant explained that the delay was due to the General Manager's inability to prepare and finalize the appeal within the stipulated period because of personal family exigencies, professional budget constraints, and health issues. The medical certificate provided confirmed the health issues faced by the General Manager. Despite the reasons presented, the Tribunal found that there was no sufficient cause for the delay beyond 28.2.2011. The Tribunal dismissed the condonation of delay application, leading to the dismissal of the appeal along with the stay application.In conclusion, the Tribunal granted the application for change of cause title from Commissioner of Central Excise to Commissioner of Service Tax, while dismissing the application for condonation of delay in filing the appeal due to insufficient cause presented for the delay.
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