2012 (9) TMI 562 - AT - Service Tax

Waiver of pre-deposit - stay order was received by the appellant on 21/08/2010 wherein a direction was given to make pre-deposit within 5 days of the receipt of the order Held that - Appellant failed to make the pre-deposit till 26/08/2010, therefore, the first appellate authority has dismissed their appeal for non-compliance of the order of pre-deposit - appellant has made pre-deposit of the entire amount of service tax. Therefore, considering the same is sufficient and the first appellate authority has not passed the order on merits, we remand the matter back to the first appellate authority to decide the issue on merits

Summary

Issues:
- Non-compliance with pre-deposit requirements leading to dismissal of appeal by first appellate authority.

Analysis:
The appellant, represented by a Chartered Accountant, filed an appeal along with a stay application before the Appellate Tribunal CESTAT, MUMBAI. The Tribunal noted that the issue at hand was narrow and, after granting waiver of pre-deposit, decided to take up the appeal for disposal. The appellant had been directed by the first appellate authority to deposit the entire amount of service tax by a specified date. However, due to a delay in making the pre-deposit, the appeal was dismissed for non-compliance with statutory provisions. Subsequently, the appellant complied with the stay order by making the required deposit. The appellant's counsel requested the matter to be remanded back to the first appellate authority for reconsideration.

Upon reviewing the impugned order, the Tribunal observed that the first appellate authority had indeed directed the appellant to make a pre-deposit of the service tax along with interest. Since the appellant failed to comply within the stipulated time frame, their appeal was dismissed. However, the appellant later made the pre-deposit in full. Consequently, the Tribunal deemed this compliance sufficient and decided to remand the matter back to the first appellate authority for a fresh consideration on the merits of the case. The Tribunal emphasized the importance of the first appellate authority providing a reasonable opportunity to the appellant for presenting their case before making a decision on the issue.

In conclusion, the Tribunal allowed the appeal by way of remand, directing the first appellate authority to reconsider the matter on its merits after ensuring due process for the appellant. The stay application was also disposed of accordingly. The judgment highlights the significance of adherence to pre-deposit requirements and the subsequent implications of non-compliance in the appellate process.