2015 (9) TMI 364 - HC - Service Tax

Court dismisses delayed appeals by Commissioner (Appeals) under Finance Act, 1994, citing Limitation Act; emphasizes statutory limits.

M/s. Ramchandra Singh Versus The Union of India Through Central Excise And Service Tax Department And Others

M/s. Ramchandra Singh Versus The Union of India Through Central Excise And Service Tax Department And Others - TMI Issues Involved:1. Applicability of Section 14 of the Limitation Act, 1963 for condonation of delay by the Commissioner (Appeals).2. Jurisdiction and authority of the Commissioner (Appeals) to condone delays beyond the statutory period.3. The impact of filing writ petitions on the statutory appeal period.4. Legal precedents and their applicability to the present case.Issue-wise Detailed Analysis:1. Applicability of Section 14 of the Limitation Act, 1963 for condonation of delay by the Commissioner (Appeals):The petitioner argued that Section 14(2) of the Limitation Act, 1963 should apply to condone the delay in filing appeals before the Commissioner (Appeals), citing decisions by the Supreme Court and Gujarat High Court. However, the court noted that Section 14 of the Limitation Act, 1963 applies only when the initial proceeding was pursued in good faith in a court lacking jurisdiction. The court found that the petitioner's writ petition was filed after the statutory appeal period had expired, thus Section 14 could not be invoked.2. Jurisdiction and authority of the Commissioner (Appeals) to condone delays beyond the statutory period:The court emphasized that under Section 85(3A) of the Finance Act, 1994, the Commissioner (Appeals) can only condone delays up to a maximum of 30 days beyond the initial 60-day period. The court cited the Supreme Court's decision in Singh Enterprises vs. Commissioner of Central Excise, which clarified that the appellate authority has no power to condone delays beyond the additional 30 days. The petitioner's delay of approximately 15 months far exceeded this limit, rendering the Commissioner (Appeals) powerless to condone it.3. The impact of filing writ petitions on the statutory appeal period:The petitioner contended that the time spent in pursuing writ petitions should be excluded from the limitation period for filing appeals. The court rejected this argument, noting that the petitioner chose to file writ petitions at their own risk, knowing that statutory appeals had a strict limitation period. The court highlighted that such actions are taken at the petitioner's peril, and the statutory appeal period continues to run irrespective of any writ petitions filed.4. Legal precedents and their applicability to the present case:The court referred to multiple precedents, including the Supreme Court's decisions in Singh Enterprises and ITC Ltd. vs. Union of India, which consistently held that appellate authorities cannot condone delays beyond the statutory limit. The court also cited the Bombay High Court's decision, which reinforced that Section 14 of the Limitation Act, 1963 does not apply when the initial court had jurisdiction, and emphasized that petitioners cannot take advantage of their own delays by filing writ petitions.Conclusion:The court concluded that no error was committed by the Commissioner (Appeals) in dismissing the appeals due to the delay being beyond the condonable period. The writ petition was dismissed, affirming that the petitioner's delay of approximately 15 months could not be condoned under the statutory provisions of the Finance Act, 1994, and that Section 14 of the Limitation Act, 1963 was inapplicable in this context.