2009 (8) TMI 743 - AT - Service Tax

Waiver of pre-deposit penalty - delayed payment of Service tax - applicant submits that he was the first time registered under the Service tax and was not aware of the provisions of law regarding the payment of Service tax and filing of returns Held that - applicant is pleading for bonafide belief but has not deposited the late fee fine imposed under Section 77 of the Finance Act, 1994 - direct applicant to pre-deposit

Summary

The Appellate Tribunal CESTAT, Mumbai confirmed a penalty of Rs. 93,000 under Section 76 for delayed Service tax payment and Rs. 2,000 under Section 77 for late ST-3 return submission. The applicant, a first-time Service tax registrant, failed to deposit the late fee fine under Section 77. The tribunal directed the applicant to pre-deposit Rs. 2,000 within two weeks, with the balance penalty stayed pending appeal disposal. Compliance deadline was set for 28-8-2009.