2012 (6) TMI 162 - AT - Service Tax

Waiver of penalty short payment - assessee is a hotel run by the public sector undertaking. The clerical errors which crept in a few months has resulted in a short-payment - appellant promptly paid the service tax involved along with interest. Therefore he seeks waiver of penalty invoking the provisions of Section 80 of the Finance Act, 1994 Held that - sufficient cause has been shown for invoking the provisions of Section 80 of Finance Act, 1994. appeal is allowed. Penalty waived

Summary

Issues:
- Delay in filing the appeal
- Imposition of penalty for delay in payment of service tax
- Invocation of Section 80 of the Finance Act, 1994 for waiver of penalty

Delay in filing the appeal:
The judgment begins by condoning a one-day delay in filing the appeal. This procedural issue is swiftly addressed, allowing the appeal to proceed to a substantive consideration of the case.

Imposition of penalty for delay in payment of service tax:
The appellant, a major service tax payer, had a discrepancy of Rs. 23,056 in their payments for the period of April 2007 to March 2008. Despite paying substantial amounts in service tax, the appellant faced a penalty under Section 76 of the Finance Act, 1994 for the delay in payment. The original authority passed an ex parte order imposing the penalty, which was upheld by the Commissioner (Appeals). The appellant argued that the error was due to clerical mistakes and promptly paid the outstanding amount along with interest. The Tribunal considered the insignificant nature of the short-payment compared to the overall tax paid by the appellant and accepted the explanation of clerical errors. Consequently, the Tribunal set aside the penalty, invoking the provisions of Section 80 of the Finance Act, 1994.

Invocation of Section 80 of the Finance Act, 1994 for waiver of penalty:
The Tribunal, after careful consideration of submissions and records, found that there was a sufficient cause to invoke the provisions of Section 80 of the Finance Act, 1994. Given the minor nature of the short-payment, attributed to clerical mistakes, and the prompt rectification by the appellant, the Tribunal set aside the penalty imposed under Section 76. The appeal was allowed, providing consequential relief as per the law, and the stay petition and application for condonation of delay were disposed of.

In conclusion, the Tribunal's judgment focused on the procedural aspect of the delay in filing the appeal, the imposition of penalty for a minor discrepancy in service tax payment, and the invocation of Section 80 of the Finance Act, 1994 to waive the penalty based on the circumstances of the case.