2007 (12) TMI 190 - AT - Service Tax

Appellants submission is that the service tax amount with interest has already been paid in terms of the impugned Order-in-Appeal and there are sufficient grounds for waiver of penalties impugned plea is acceptable, so pre-deposit is waived in respect of delay in filing appeal, appellant has given the sufficient cause for delay that appellant s father had suffered heart attack delay is condoned

Summary

Issues:
1. Appeal against Service Tax demand and penalties imposed under various sections of the Finance Act, 1994.
2. Request for condonation of delay in filing the appeal.
3. Request for waiver of penalties pending appeal disposal.

Analysis:
1. The appellants challenged the Order-in-Original demanding Service Tax and imposing penalties under Sections 75A, 76, 77, and 78 of the Finance Act, 1994. The Commissioner (Appeals) upheld the lower authority's decision, requiring the appellant to pre-deposit the amounts. The appellant contended that the service tax had already been paid, seeking waiver of penalties. The delay in filing the appeal, attributed to the appellant's father's health issue, was also raised. The appellant argued against the heavy penalties imposed and highlighted that all points were not considered in the Order-in-Appeal.

2. The issue of condonation of delay in filing the appeal was deliberated upon. The advocate representing the appellant requested the Bench to condone the delay of 13 months, citing the appellant's father's heart attack as a valid reason for the delay. The Tribunal, after careful consideration, agreed to condone the delay based on the circumstances presented by the appellant. The appellant's prompt payment of the service tax post Order-in-Original issuance was noted, leading to the waiver of penalties until the appeal's final disposal.

3. The Tribunal, after considering the appellant's arguments and the circumstances surrounding the delay in filing the appeal, decided to condone the delay and ordered the waiver of penalties pending the appeal's disposal. The appellant's compliance with the service tax payment and the reasons for the delay were crucial factors in the Tribunal's decision. The matter was scheduled for further hearing to address the appeal comprehensively, emphasizing the importance of a fair and just resolution in tax matters.

This detailed analysis of the judgment showcases the legal proceedings, arguments presented, and the Tribunal's decision regarding the appeal, delay condonation, and penalty waiver, ensuring a thorough understanding of the case's intricacies and outcomes.