2007 (4) TMI 261 - AT - Service Tax

Penalty for failure to pay service tax section 80 read with section 76 waiver of penalty held that - In the present case, no particulars of ailment were given and it is now stated that appellant is suffering from asthma, which appears to be a chronic disease. No medical proof was submitted at the relevant time to show that during the period of delay, the sole proprietor of the appellant was incapacitated in any manner. The adjudicating authority in its discretion has held that no case was made out for (sic)(not) imposing penalty under section 80. The Appellate Commissioner has concurred with the findings of the adjudicating authority. There is no case whatsoever made out for meriting admission of this appeal

Summary

Issues:
Challenge to order upholding penalty under section 76 of the Finance Act, 1994 for late payment of Service Tax. Consideration of grounds for waiving penalty under section 80 based on appellant's deposit of dues, participation in a tax scheme, and health condition.

Analysis:
The appellant contested the penalty imposed under section 76 for late payment of Service Tax, arguing that the delay was minimal, and the dues were deposited along with interest. Additionally, they highlighted their participation in a tax scheme and the appellant's health condition, citing asthma as a reasonable cause for waiving the penalty under section 80. However, the tribunal noted that mens rea is not required for imposing penalties under section 76, and the provisions must be applied unless grounds for exemption under section 80 are established.

The tribunal found that the appellant failed to provide specific details or medical proof of the asthma condition at the relevant time, raising doubts about the incapacitation of the sole proprietor during the delay period. The adjudicating authority exercised discretion in denying the waiver under section 80, a decision upheld by the Appellate Commissioner. Consequently, the tribunal concluded that no compelling case was presented to warrant the appeal's consideration, leading to the dismissal of the appeal.

In summary, the tribunal affirmed the imposition of the penalty under section 76, emphasizing the mandatory application of the provision absent grounds for exemption under section 80. The lack of substantial evidence regarding the health condition and the failure to meet the criteria for waiver led to the dismissal of the appeal challenging the penalty for late payment of Service Tax.