2014 (2) TMI 854 - AT - Service Tax

Waiver of pre deposit - Demand of service tax - Held that - appellant paid an amount of Rs. 50,00,000/- before issue of the show-cause notice and this payment was appropriated by the adjudicating authority. We have also found three challans evidencing payment of an amount of Rs. 18,09,569/- after issue of the impugned order Thus, the appellant has paid a total amount of Rs. 68,09,569/- towards full satisfaction of the impugned demand of service tax and education cesses - Stay granted.

Summary

Issues involved: Delay in filing appeal, explanation for delay, waiver and stay of penalties and recovery

Delay in filing appeal:
The appeal in question was delayed by 104 days, with the impugned order received by the appellant on 10/3/2012 and the appeal filed on 21/9/2012. The appellant, a partnership firm, explained the delay citing the wife's psychological disorders and ongoing medical treatment as per the medical certificate dated 5/9/2012. The husband, as the Managing Partner, filed the appeal and accompanying applications. The medical certificate and hospital records supported the wife's illness, leading to the delay in filing. The Tribunal, after hearing both sides, found the explanation satisfactory and allowed the condonation of delay application.

Waiver and stay of penalties and recovery:
The appellant had made payments totaling Rs. 68,09,569/-, including Rs. 50,00,000/- before the show-cause notice and Rs. 18,09,569/- after the impugned order. These payments were towards the service tax and education cesses demand. The Tribunal noted that these facts were undisputed. Consequently, after considering the submissions from both parties, the Tribunal granted waiver of predeposit and stay of recovery concerning the penalties imposed on the appellant, as well as the interest on service tax and education cesses. This decision was made after a thorough review of the records and payments made by the appellant.

Conclusion:
The judgment by the Appellate Tribunal CESTAT Bangalore addressed the issues of delay in filing the appeal and the subsequent explanation provided by the appellant regarding the wife's medical condition. The Tribunal accepted the explanation and allowed the condonation of delay application. Additionally, the Tribunal granted waiver of predeposit and stay of recovery concerning penalties and interest based on the payments made by the appellant towards the service tax and education cesses demand. The decision was made after a detailed examination of the facts and submissions from both parties, ensuring a fair and just outcome in the case.