2005 (5) TMI 421 - AT - Service Tax

Summary

Issues:
Appeal against setting aside of penalty imposed on service provider for delayed service tax deposit.

Analysis:
The case involved an appeal by the Revenue against the setting aside of a penalty imposed on a service provider for delayed deposit of service tax. The Commissioner (Appeals) had set aside the penalty after considering the reasons provided by the service provider, which included a close relative undergoing prolonged treatment for heart problems. The Commissioner found these reasons to be sufficient and reasonable, leading to the application of Section 80 of the Finance Act, 1994. This section states that no penalty shall be imposed if the assessee proves a reasonable cause for the failure in tax deposit. The judgment highlighted that the law provides relief for genuine cases where there is a reasonable cause for non-compliance, emphasizing that Section 80 allows for non-levy of penalties in such situations. The Tribunal, after reviewing the facts and legal provisions, upheld the decision of the Commissioner (Appeals) and rejected the Revenue's appeal, emphasizing the importance of considering genuine reasons for delays in tax compliance to avoid penalties.