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/2015-16/3027

Whether the delay in filing appeal is to be condoned when the reason of delay was resignation of senior manager of assessee?

Case:TEXCEL INTERNATIONAL PVT. LTD.Vs CESTAT, CHENNAI

Citation:2015 (317) E.L.T. 26 (Mad.)


Brief Facts:The appellant is engaged in the manufacturing of SG & Grey Iron castings falling under Chapter sub-heading 73251000 of the first schedule to the Central Excise Tariff Act, 1985. They are clearing the goods manufactured by them under self-assessment and self-removal procedure. Alleging contravention of the provisions of sub-rule 3A of Rule 8 of the Central Excise Rules, 2002, show cause notice was issued to the assessee demanding payment of duty for the clearances made during the period from 5th April 2010 to 26th August, 2010 and from 6th October 2010 to 31-12-2010. After considering the response filed by the appellant, the Adjudicating Authority passed an order confirming the proposal for demand of duty and also levied penalty. Aggrieved by the said order of the Adjudicating Authority, the appellant preferred an appeal before the Commissioner (Appeals), who confirmed the order of the Adjudicating Authority, thereby dismissed the appeal. Aggrieved by the same, the appellant preferred further appeal before the Tribunal along with an application to condone the delay of 73 days.
The Tribunal dismissed the appeal filed along with an application to condone the delay of 73 days holding that it is not a case of misplacement of order, but it is a clear case of gross negligence and inaction on the part of the appellant and therefore, the delay should not be condoned. As against the said order of the Tribunal, the appellant filed this appeal.

Reasoning of Judgement:It is seen that the order that the appellant suffered is in relation to the wrong availment of Cenvat credit for the clearances made between 5th April, 2010 and 26th August, 2010 and from 6th October 2010 to 31-10-2010. According to the Department, the duty should have been paid in cash and the Cenvat credit should not have been utilised. The assessee strongly contends that the clearances made using Cenvat credit is in order and challenging the original order, an appeal was filed before the Commissioner (Appeals), who held against the appellant. In the course of the proceedings before the Commissioner (Appeals), it appears one M. Ramakrishnan, Senior Manager appeared for personal hearing on 28-8-2012. Prior to that, he submitted his request for being relieved from service on 22-6-2012. In view of the on going proceeding, it appears that he was not relieved, but subsequently, relieved on 19-2-2013. In the meanwhile, the order in appeal came to be passed and was served on the assessee on 16-10-2012 and the further appeal to the Tribunal was not filed in time.
The facts that the personal reasons attributed to the stress undergone by Sri Ramakrishnan, who was incharge of the case and the fact that he has submitted a letter of resignation earlier to the proceedings before the Commissioner (Appeals) and was relieved subsequently on 19-2-2013 are not in dispute. Therefore, the appellant’s plea that there was good reason for not filing the appeal for the aforesaid reason appears to be a bona fide reason. Further more, the appellant has been continuously pursing his matter before the Adjudicating Authority as well as before the Commissioner (Appeals). The same is borne out by records and the appellant’s plea is bona fide. The same would constitute “sufficient cause” for not presenting the appeal within the prescribed period.
The above said view of this Court is fortified by the decision of the Supreme Court in the case of The Collector, Land Acquisition v. Katiji, (1987) 167 ITR 471 (S.C.) = 1987 (28)E.L.T. 185 (S.C.), wherein it has been held as under :
The expression ‘sufficient cause’ employed by the Legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice that being the life-purpose of the existence of the institution of courts.
…..
When substantial justice and technical considerations are pitted against each other, the cause of substantial justice deserves to be preferred, for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay.”
Accordingly, the order of the Tribunal stands set aside and the delay stands condoned. The Tribunal is directed to take up the appeal and dispose of the same on merits.

Decision:Petition allowed

Comment:The matter is related to Condonation of delay in filing appeal. The reason of delay was resignation of Senior Manager of assessee, who was incharge of the case and The High Court held that it would constitute “sufficient cause” for non-presenting the appeal within the prescribed period. Therefore delay is condoned.
 

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