2014 (1) TMI 1604 - AT - Service Tax

Imposition of penalties under Sections 76, 77 and 78 - Delay in payment of service tax - Held that - applicant has not disputed the liability to tax. Part of the tax has been paid before issuance of the Show Cause Notice and part of the tax and interest has been paid after issuance of the Show Cause Notice - Applicant cannot become illiterate to pay service tax after collecting it from the customers. In any case this cannot be criterion for payment of tax. Applicant has collected the amount from his customers and raised the bills. After collecting the amount there is no reason why the collected amount is not deposited with the Government. Prima facie the applicant has not made out a case for total waiver of pre-deposit of penalties - Conditional stay granted.

Summary

Issues:
Appeal against imposition of penalties under Sections 76, 77, and 78 of the Finance Act, 1994.

Analysis:
The appellant challenged the penalties imposed under Sections 76, 77, and 78 of the Finance Act, 1994, concerning the payment of service tax amounting to Rs.2,19,174/- along with interest for the period from April 2006 to September 2010. The appellant, through their counsel, argued that the delay in payment was due to the appointed person's failure to assess the tax timely, despite the appellant not disputing the liability and eventually paying the tax. On the other hand, the Additional Commissioner contended that the appellant collected the service tax but did not remit it to the government until the issuance of the Show Cause Notice, after which the tax was paid along with interest. The presiding officer noted that the appellant did not contest the tax liability, with part of the tax paid before the Show Cause Notice and the rest, including interest, paid after the notice. The presiding officer dismissed the argument of the appellant being illiterate as irrelevant to tax payment, emphasizing that the collected amount should have been deposited with the government without delay. While acknowledging that the appellant did not establish grounds for a complete waiver of pre-deposit of penalties, considering the circumstances, the presiding officer directed the appellant to deposit Rs.50,000/- within four weeks and report compliance, after which the remaining pre-deposit of penalties would be waived, and recovery stayed pending appeal disposal.

This judgment primarily dealt with the issue of penalties imposed under Sections 76, 77, and 78 of the Finance Act, 1994, for the delayed payment of service tax. The presiding officer emphasized the importance of timely tax remittance, highlighting that the appellant's status as illiterate did not excuse the delay in depositing the collected tax amount with the government. The presiding officer's decision to direct the appellant to make a partial deposit and waive the remaining penalties upon compliance aimed to balance the interests of the appellant and the government, ensuring tax compliance while providing some relief to the appellant based on the case's specific circumstances.