PRASAD FILM LABORATORIES Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) FOR the reasons recorded below, we waive the predeposit of Service tax of Rs. 1,48,002/ - confirmed against the assessees together with interest and penalties of equal amount under provisions of Section 78 of the Finance Act and Rs. 200/ - for every day of failure to pay tax in terms of Section 76 of the Chapter V of the Finance Act, 1994 and proceed to hear and decide the appeal itself with the consent of both sides.

(2.) THE Commissioner (Appeals) has dismissed the appeal filed before him against the demand and penalty on the ground that the statutory period of limitation is 60 days from the date of communication of the adjudication order and that the delay of a further period of 30 days can be condoned on satisfactory explanation. He has passed the impugned order without hearing the appellants and has wrongly applied the provisions of limitation prescribed in the Central Excise Act, 1944 instead of the provisions applicable to the appellants under the Finance Act, 1994 under which the statutory period of limitation is 90 days from the date of communication of the order of adjudication along with power of condonation of delay of further period of 90 days, if satisfied.