Service of decisions, orders, summons, etc
The Mumbai Netizen has referred to Section 37 C of the Central Excise Act made applicable to Service Tax. The Section 37C reads as follows:-
37C. Service of decisions, orders, summons, etc.- (1) Any decision or order passed or any summons or notices issued under this Act or the rules made thereunder , shall be served,—
(a) by tendering the decision, order, summons or notice, or sending it by registered post with acknowledgement due, to the person for whom it is intended or his authorised agent, if any;
(b) if the decision, order, summons or notice cannot be served in the manner provided in clause (a), by affixing a copy thereof to some conspicuous part of the factory or warehouse or other place of business or usual place of residence of the person for whom such decision, order, summons or notice, as the case may be, is intended;
(c) if the decision, order, summons or notice cannot be served in the manner provided in clauses (a) and (b), by affixing a copy thereof on the notice board of the officer or authority who or which passed such decision or order or issued such summons or notice.
(2) Every decision or order passed or any summons or notice issued under this Act or the rules made thereunder, shall be deemed to have been served on the date on which the decision, order, summons or notice is tendered or delivered by post or a copy thereof is affixed in the manner provided in sub-section (1).
So the provisions of (a), (b) and (c) have to be followed sequentially and sending it by courier does not figure in the list at all. Sending a notice by courier is not a mode recognised by law and so a notice served by courier is deemed to have been not served at all.
But why is the Department sending notices by courier? Is it free for them? The Postal Department runs a fairly efficient Speed Post System. Then why should the Government depend on private couriers?