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2011 (3) TMI 1120 - AT - Service TaxPenalty - Delayed payment of service tax - GTA Service - Held that - There is no dispute that there was delay in discharge of service tax liability during April, 2007, May, 2007 and June, 2007 for which the penalty under Section 76 has been imposed - The only proviso under which the penalty can be waived is Section 80 for which the appellant have to give reasons as to why they could not discharge the duty liability by the due date - Except financial problems, no other reasons has been given by them - This is not a valid reason for wavier from penalty - Decided against the assessee.
Issues: Delay in payment of service tax, Penalty under Section 76 of the Finance Act, 1994, Valid reasons for waiver of penalty
In this case, the appellants were engaged in the manufacture of V.P.Sugar and Molasses and were found to have delayed payment of service tax in relation to the GTA Service during the period of May, 2007 to June, 2007. The total penalty of Rs.14,289/- was imposed on them under Section 76 of the Finance Act, 1994 for this delay. The appellant contended that the delay was due to financial problems and that they eventually paid the service tax for the relevant months, albeit after the due dates. The appellant argued that the penalty under Section 76 should not be imposed, citing a previous judgment. On the other hand, the respondent defended the penalty, stating that Section 76 is applicable when the service tax liability is not discharged by the due date, and the only provision for waiver is under Section 80, which requires valid reasons for the delay. The appellant's reason of financial problems was deemed insufficient by the respondent. The Tribunal noted that while there was indeed a delay in discharging the service tax liability, the appellant failed to provide valid reasons under Section 80 for the delay other than financial problems. The Tribunal concluded that financial problems alone were not a valid reason for waiving the penalty under Section 76. Therefore, the appeal was dismissed, upholding the penalty imposed by the Commissioner (Appeals).
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