Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Time Limit for Appeal to Tribunal

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ime Limit for Appeal to Tribunal<br> Query (Issue) Started By: - Mehul Doshi Dated:- 2-12-2016 Last Reply Date:- 3-12-2016 Service Tax<br>Got 3 Replies<br>Service Tax<br>I had Received Order from Commissioner of Appeal as on 01/10/2016, regarding rejection of Late filling of Appeal. Is there any other way to make an appeal in tribunal on the ground of fact.. Date of Original Order issued by Comm....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....issioner is as on 1.6.2015 Date of filling appeal against order is 1.02.2016 Date of Received order from commissioner of appeal is 01/10/2016. Which types of remedies available with me.. Reply By Rajagopalan Ranganathan: The Reply: Sir, What is the date of communication (date of receipt of the order) of order of the original authority. You have to file your appeal to Commissioner (Appeals) w....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ithin two months (60 days) from the date of communication. Commissioner has power to condone the delay in filing of appeal within further period of one month from the date of expiry of date before which you have to file the appeal. You have filed the appeal on 1.10.2016 which is hopelessly time barred. You cannot even get relief from Tribunal. You may try to file a writ in the jurisdictional High ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Court and try to get the remedy. However the Court may impose some cost on you. Reply By Ganeshan Kalyani: The Reply: Pls refer Section 86 of the Finance Act , 1994. Reply By MARIAPPAN GOVINDARAJAN: The Reply: I endorse the views of Shri Ranganathan. Even in writ petition you can gain success only if you have genuine grounds from non filing of appeal before Commissioner (Appeals)<br> Discussio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n Forum - Knowledge Sharing ....