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2003 (8) TMI 5 - AT - Service TaxService Tax (1) Appellants unaware of levy of tax on service of advertisement and not collect service tax from their clients (2) Stay/Dispensation of pre-deposit ST (3) Late filing of ST return
Issues:
Dispensing with the condition of pre-deposit of penalties for late filing of Service Tax Returns and late deposit of tax. Analysis: The applicants/appellants sought to dispense with the pre-deposit of penalties totaling Rs. 40,330.00 and Rs. 15,300.00 imposed for late filing of Service Tax Returns and late tax deposit. They argued that they had paid the entire service tax amount belatedly along with interest. The applicants contended that during the initial period of service tax introduction, they were unaware of the tax payment, and they could not collect the service tax from their customers. However, the Revenue representative argued that the delay in submission of returns and tax payment was unjustified, given that the applicants had filed returns late from October 1996 to September 2000, with the first return filed in May 1997. The Revenue insisted on the imposition of personal penalties due to the delay. The Tribunal considered both sides' submissions. The applicants' claim that the interest amount was incorrectly calculated at Rs. 12,813.00 instead of Rs. 9,772.00 was not substantiated. It was noted that the late filing of returns could not be excused by the claim of being unaware of the tax levy, especially when the first return was filed after the introduction of service tax. The argument that they did not collect service tax from customers was deemed irrelevant as tax filing and payment are not contingent on tax collection. Consequently, the Tribunal found no prima facie case in favor of the applicants/appellants. They were directed to deposit reduced penalty amounts of Rs. 20,000.00 and Rs. 7,000.00 within four weeks, with the remaining penalties waived and recovery stayed during the appeal. The matter was scheduled for compliance verification on 8-9-2003, with the appeal set for final disposal pending compliance.
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