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2009 (10) TMI 65 - AT - Service TaxDelay in deposit of Service Tax Penalty Section 76 Short payment of service tax equal to Rs. 35 Penalty amount equal to Rs. 29,321 held that - appellants are not liable for penal action for late payment of service tax, however, they are liable for penal action equal to the amount of service tax short paid i.e. Rs.35/- as per the provisions of Section 76 of the Finance Act, 1994
Issues: Delayed deposit of service tax, imposition of penalty under Section 76 of the Finance Act, 1994.
In this case, the Appellate Tribunal CESTAT, New Delhi, considered the issue of delayed deposit of service tax by the respondents. The respondents had deposited the tax before the issuance of the show cause notice. The original authority confirmed a duty demand of Rs.35/- and imposed a penalty of Rs.29,321/- under Section 76 of the Finance Act, 1994 for the delayed payment of tax. The Commissioner (Appeals) later reduced the penalty to Rs.35/- in accordance with Section 76 of the Act. The learned SDR argued that the penalty was rightly levied as the respondents failed to deposit the service tax on the due date. Upon reviewing the case, the Appellate Tribunal noted the findings of the Commissioner (Appeals) who observed that the respondents had voluntarily deposited the service tax and interest before the show cause notice was issued. Citing precedent, the Commissioner (Appeals) referred to a case where it was held that if the service tax and penalty were deposited before the adjudication order, penalties under Section 76 and 77 of the Finance Act, 1994 were not applicable. Consequently, the Commissioner (Appeals) concluded that while the appellants were not liable for penal action for late payment of service tax, they were liable for penal action equal to the amount of service tax that was short paid, which was Rs.35/- as per the provisions of Section 76 of the Finance Act, 1994. Considering that the demand for tax was Rs.35/- and the penalty had already been reduced to the same amount by the Commissioner (Appeals), the Appellate Tribunal found no reason to interfere with the decision. As a result, the appeal filed by the Revenue was rejected, affirming the reduction of the penalty to Rs.35/-.
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