2018 (6) TMI 646 - AT - Service Tax

Tribunal dismisses delay condonation applications in appeals against Order-in-Original. Negligence and latches cited.

The Tribunal dismissed the applications seeking condonation of delay in filing appeals against an Order-in-Original. The delay of 195 days was attributed ... Condonation of delay of 195 days in filing appeal - delay occurred only due to the wrong belief of the appellant that all the proceedings against them have been concluded when they paid the service tax, interest and the 25% penalty under proviso to Section 78 - Held that:- The application seeks to condone the delay of 195 days. This itself is incorrect statement made by the appellant since there is more than two years delay in filing the appeal when computed from the date on which the appellant acquired the knowledge about the impugned order. The delay has been occurred due to negligence as well as willful latches on the part of the appellants. There is no sufficient cause for condoning the delay in filing the appeals - application for COD dismissed. Issues:Delay in filing appeals, condonation of delay.Analysis:The appellants sought condonation of delay in filing appeals against an Order-in-Original dated 28.09.2011. They argued that they were unaware of penalties under Sections 76 & 77 and believed all proceedings concluded after paying service tax, interest, and 25% penalty under Section 78. The delay of 195 days was attributed to this misunderstanding. The AR opposed, stating the appeal should have been filed by 10.03.2015 but was lodged on 25.09.2017, a delay of over two years. The AR contended the delay was intentional, as the appellants were aware of the impugned order since 10.08.2016. The Tribunal noted the delay was due to negligence and willful latches on the appellants' part. The appellants' belief that proceedings were concluded was deemed insufficient cause for condonation. The Tribunal dismissed the applications, leading to the dismissal of both appeals.In conclusion, the Tribunal found no sufficient cause to condone the delay in filing the appeals, leading to the dismissal of the applications and subsequent dismissal of the appeals. The Tribunal highlighted the appellants' negligence and willful delay in filing the appeals, emphasizing the importance of adhering to statutory timelines. The Tribunal rejected the appellants' argument of believing proceedings concluded after paying certain penalties, stating it was not a valid reason for the delay. The judgment underscores the significance of timely compliance with legal procedures and the consequences of failing to do so, resulting in the dismissal of the appeals in this case.