Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/CASE LAW/2015-16/2568

Whether delay of 196 days is condonable in case of death of director’s daughter?

Case:-MATS ENGINEERING PVT. LTD. VERSUS CESTAT, CHENNAI

Citation:-2015 (315) E.L.T. 395 (MAD.)

Brief Facts:-Mr. V. Sundareswaran, learned counsel takes notice for the respondents. By consent, the main appeal, itself is taken up for final disposal.

This appeal is filed by the appellant against the order of Customs, Excise & Service Tax Appellate Tribunal (for short “CESTAT”) made in Final Order No. 40165 of 2014, dated 7-3-2014 in ST/COD/42397/2013 and ST/S/42398/2013 and ST/42446/2013. The appellant herein is the applicant before the CESTAT in ST/COD/42397/2013 and ST/S/42398/2013.

Brief facts are that the Deputy Commissioner of Service Tax, Chennai V Division had issued show cause notice to the appellant on 21-4-2009 proposing the demand of a sum of Rs. 41,200/- along with appropriate interest on the ground that the appellant cannot have the benefit of the provisions of Rules 6(3) or (4A), 4(B) of the Service Tax Rules and also proposed to impose penalty under Section 76 of the Finance Act, 1994. The appellant submitted their response dated 26-5-2009 to the said show cause notice and the Deputy Commissioner of Service Tax, Chennai V Division viz., the original authority had confirmed the proposal made in the show cause notice and aggrieved by the same, the appellant preferred appeal before the Commissioner of Central Excise (Appeals), Chennai. By order dated 19-2-2013, the Commissioner of Central Excise (Appeals), Chennai has modified the order of the original authority by setting aside the penalty imposed under Section 76 of the Finance Act, 1994 and aggrieved by the same, the appellant preferred appeal before the CESTAT with a delay of 196 days. The appellant herein along with the appeal has filed application under Section 35B(5) of the Central Excise Act to condone the delay of 196 days in filing the appeal.

In Paragraphs 3 and 4 of the said application, it has been stated among other things that the daughter of the Director of the appellant company, who was then working as a clinical embryologist was suffering due to Pneumonia and was taking treatment in a private hospital at Mangalore and she died due to the said ailment of Pneumonia on 16-11-2012 and further stated that on account of the same, he was not in a position to attend the day-to-day business affairs of the company, which remained unattended for a very long time and therefore, the delay occurred. It has also been specifically stated that the person, who was in-charge of dealing with the legal issues, left the company in the month of March, 2013 and subsequently, the affairs of the company came to stand still. Hence, prays for condonation of the delay of 196 days in filing the appeal.

The CESTAT found that the reasons for the delay adduced by the appellant herein are not proper and dismissed the application seeking for condonation of delay. Hence, this appeal.

In the grounds of appeal, the following substantial questions of law have been raised:-

(1) Whether the Tribunal was correct in holding that the death of the daughter of the Director of the appellant company and that the fact of the concerned employee of the appellant company left the job during the relevant period is not relevant or admissible reasons for condonation of delay is just and proper in the light of the discretionary powers conferred on the Tribunal under provisions to Sec. 35B(5) of the Central Excise Act, 1944, made applicable to the Finance Act, 1994?

(2) Whether the Tribunal was correct in refusing to condone the delay of 196 days by recording the above reasons even when the law only requires the Tribunal to go into the sufficiency of such reasons adduced for seeking the condonation of delay?

(3) Whether the Tribunal was correct in not following the dictates of the higher Courts that so long as there is no wilful act or gross negligence on the part of the appellant, interest of justice requires that such delay need to be condoned?

(4) Whether the Tribunal was correct in not considering that the appellant right of appeal would be totally defeated and that justice would be denied to the appellant by refusing to condone the delay?

Reasoning of Judgment:-High Court heard the submissions from both sides.

By perusal of the averments stated in the application filed for condonation of delay, more particularly, Paragraphs 3 and 4, would disclose that the daughter of the Director of the appellant company was suffering from Pneumonia and she died on 16-11-2012 and also the person, who is looking after the legal issues of the appellant company had left the services and therefore, the administration of the company could not be carried on, on account of his absence, which resulted in filing the appeal with delay condonation application.

In the considered opinion of this Court that the reasons adduced in the application seeking condonation of delay of 196 days in filing the appeal are proper and sufficient cause has also been made out by the appellant for condoning the delay and therefore, the CESTAT was not right in rejecting the said application. Therefore, substantial questions of law raised in the grounds of appeal answered in affirmative in favour of the appellant.

In the result, the Civil Miscellaneous Appeal is allowed and the order of the CESTAT dated 7-3-2014 made in Final Order No. 40165 of 2014 in Appeal No. ST/COD/42397/2013 in ST/Stay/42398/2013 in ST/42446/2013-SM, is set aside and the delay of 196 days in filing the appeal is condoned. If the appeal papers presented by the appellant company are in order, the CESTAT is directed to number the appeal and dispose of the same in accordance with law, as expeditiously as possible. There is no order as to cost in this appeal. Consequently, M.P. No. 1 of 2014 is closed.
 
Decision:-Appeal Allowed.

Comment:-The essence of this case is that delay of 196 days in filing appeal to CESTAT is condonable on sufficient cause. In the present case, as daughter of director of appellant company died and also the person who was looking after legal issue of company had left the service, the High Court restored the appeal filed in Tribunal.

Prepared by: Hushen Ganodwala
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com