2009 (3) TMI 234 - AT - Service Tax

Appeal Rejected for Filing Delay Beyond Statutory Limitation

The Tribunal upheld the rejection of the appeal due to a delay in filing beyond the statutory limitation specified under the Finance Act, 1994. Citing a ... - Issues: Appeal against rejection of appeal due to delay in filingAnalysis:The appeal in question was filed against a communication from the Commissioner (Appeals) rejecting the appellant's appeal due to a delay in filing beyond the period specified under section 85 of the Finance Act, 1994. The appellant had sought condonation of a delay of 449 days, which was beyond the permissible period for condonation. The rejection was based on the statutory limitation mentioned in the Act. The Tribunal referred to a precedent set by the Supreme Court in the case of Rayman Shoe Co. v. CCE, affirming that appeals filed beyond the statutory limitation cannot be condoned. The Tribunal found that the rejection by the Commissioner (Appeals) was in accordance with the law and dismissed the appeal, stating that there was no merit in the appellant's case.This judgment highlights the importance of adhering to statutory timelines for filing appeals, as specified under the relevant legislation. The Tribunal's decision was based on the clear statutory provisions outlined in the Finance Act, 1994, and the precedent set by the Supreme Court. The case serves as a reminder for appellants to be mindful of the prescribed time limits for filing appeals and the limitations on condonation of delays by the authorities. The dismissal of the appeal underscores the significance of procedural compliance in legal matters, emphasizing the need for strict adherence to statutory provisions to avoid adverse outcomes in legal proceedings.