75th Founding Day Lecture Meeting on “India@2030” Know More

October 2015

[2015-TIOL-1888-HC-MUM-ST] M/s S2 Infotech Pvt. Ltd vs. The Union of India & ORS

By Puloma Dalal
Jayesh Gogri
Mandar Telang Chartered Accountants
Reading Time 1 mins
fiogf49gjkf0d
Sitting on files for months together is not conducive to the interest of nation’s economy. The Chief Commissioners, Service Tax should file comprehensive affidavit indicating the number of files pending and the time required to dispose those cases.

Facts
The Commissioner passed an order after almost 22 months of the date of personal hearing. The Appellant relied upon various circulars issued by the CBEC on the law laid down by the Supreme Court in the case of Anil Rai vs. State of Bihar [2009 (233) ELT 13 (SC)] stating that there should not be any unreasonable delay in passing adjudication order.

Held:
The High Court held that delay in proceedings and passing of orders is contrary to public interest. The Court also stated that ordinarily it would have set aside this order on this ground alone and would have sent it back for reconsideration. However, considering the number of files and matters pending, the Court ordered the Commissioners to place on record complete data and figures of the pending cases with the time required to dispose of these cases.

Download PDF

You May Also Like

[2015-TIOL-1828-HC-MUM-ST] Tahnee Heights Co-op Housing Society Ltd vs. The Union of India & ORS

2015 (39) STR 698 (Tri.-Del.) Ionnor Solutions Pvt. Ltd. vs. CCE & ST, Chandigarh-I