2005 (8) TMI 3 - AT - Service Tax

Summary

Issues: Delay in depositing service tax and submitting tax returns, request for waiver of penalty due to staff illness, reduction of penalty by Commissioner (Appeals), reasonableness of grounds for delay.

In this case, the appellant sought leniency for the delay in depositing service tax and submitting tax returns due to the illness and subsequent demise of a staff member. The advocate argued that the sickness of the clerk was a reasonable cause for the delays and requested the waiver of penalties. However, the JDR supported the impugned order, stating that the illness of the staff member was not a sufficient ground for the delays. The Commissioner (Appeals) had already reduced the penalty under Section 77 to Rs. 50,000. The advocate for the appellant reiterated the sickness as the reason for the delays, emphasizing that the appellant, a private limited company engaged in Custom House Agent business, was aware of the service tax provisions. The advocate contended that alternative arrangements could have been made to ensure timely compliance. The Tribunal noted that there was no reasonable explanation for the delays in payment and filing of returns, and upheld the Commissioner (Appeals) decision to reduce the penalty. The Tribunal found no grounds to further reduce the penalty and dismissed the appeal filed by the Appellant. The judgment was pronounced on 5-8-2005.