2019 (4) TMI 1776 - AT - Service Tax

Appeal Dismissed Due to Delay; Tribunal Upholds Decision

M/s. Vikgnesh Enterprises Versus The Commissioner of GST & CE (Appeals-I)

M/s. Vikgnesh Enterprises Versus The Commissioner of GST & CE (Appeals-I) - 2019 (370) E.L.T. 1623 (Tri. - Chennai) Issues: Delay in filing first appeal; Jurisdiction of the appellate forumThe judgment deals with an appeal filed under Section 129 A of the Customs Act, challenging the dismissal of the appeal by the First Appellate Authority due to a delay in filing the first appeal. The appellant contended that the delay was caused by personal problems of one of the partners of the firm. The main contention was whether the delay of 9 months could be condoned by the appellate forum. The Advocate for the Appellant argued for condonation of delay, citing the need for a liberal approach in such cases. On the other hand, the Authorized Representative for the Revenue supported the decision of the First Appellate Authority, emphasizing that the power to condone the delay beyond 90 days lies only with the Court.The Tribunal analyzed the provisions of Sections 128, 129, and 129 A of the Customs Act to determine the jurisdiction and powers of the appellate forum in condoning delays in filing appeals. It was observed that Section 129 A (5) empowers the forum to condone delays of any number of days, while Section 128 outlines the procedures and appellate jurisdiction of the First Appellate Authority. The Tribunal clarified that its jurisdiction is limited and does not extend to usurping the authority of the First Appellate Authority. The Tribunal emphasized that the statute authorizes the authority before whom the issue is raised to decide on the sufficiency of cause and the approach to be taken in condoning delays.The Tribunal considered the grounds of appeal where the appellant argued for a liberal approach in condoning the delay, citing precedents that support such leniency. However, the Tribunal reiterated that while a liberal approach may be warranted, the discretion to condone delays lies with the authority before whom the appeal is made. The Tribunal held that the First Appellate Authority had appropriately exercised its discretion in accordance with the law on the limitation issue. Consequently, the Tribunal found no justification to interfere with the findings of the First Appellate Authority regarding the limitation and dismissed the appeal. The judgment was pronounced in open court on 16.04.2019 by the Judicial Member of the Appellate Tribunal CESTAT Chennai.