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2014 (2) TMI 998 - AT - Service TaxStay application - Demand of service tax - Interest u/s 75 - Penalty u/s 76 - Whether the appellant would be liable to pay interest under Section 75 on the service tax and also penalty under Section 76 of the Finance Act, 1994 for failure to pay the service tax by the due date - Held that - appellant had not paid the service tax by the due date. In view of this, I am of the view that this is not the case for waiver. The appellant are directed to pay the disputed amount of interest for the period of delay and also pay the entire penalty imposed on them under Section 76 - Stay denied.
Issues: Liability for interest under Section 75 and penalty under Section 76 of the Finance Act, 1994 for failure to pay service tax by due date.
Liability for Interest under Section 75: The judgment addresses the issue of whether the appellant is liable to pay interest under Section 75 for failure to pay service tax by the due date. The judge notes that there is no dispute that the appellant had not paid the service tax on time. The judge finds that the appellant is indeed liable for the interest under Section 75. Consequently, the appellant is directed to pay the disputed amount of interest for the delay within four weeks from the date of the order. Liability for Penalty under Section 76: The judgment also considers the imposition of penalty under Section 76 of the Finance Act, 1994 for the appellant's failure to pay the service tax on time. The judge acknowledges that the penalty under Section 76 has been correctly imposed. The judge rules that the appellant must pay the entire penalty within four weeks from the date of the order. The compliance report is required by a specified date, failing which the stay applications stand rejected. Overall Decision: In conclusion, the judge rejects the appellant's request for waiver of the requirement of pre-deposit. The appellant is directed to pay both the disputed interest under Section 75 and the penalty under Section 76 within a specified timeframe. The judgment emphasizes the non-negotiable nature of the payment obligations and sets a deadline for compliance.
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