2018 (10) TMI 95 - AT - Service Tax

Penalty - delayed payment of Service Tax - appellant states that delay caused on account of the fact that the mother of one of the partner was suffering from heart problems - Architect Services - Held that - There was delay in payment of service tax which was on account of the reasonable cause as the mother of one of the partner was suffering from heart problem - Tribunal in the case of Raj Kumar vs. CCE 2009 (2) TMI 36 - CESTAT, NEW DELHI has accepted the fact that if the service tax is not paid in time due to the illness of the father of the assessee, which is a reasonable cause and by invoking Section 80 of the Finance Act, penalty imposed was set aside. Penalty set aside by invoking section 80 - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Remand of the appeal by the High Court and setting aside the Tribunal's order.
2. Delay in payment of service tax by the appellant.
3. Imposition of penalty under Section 76 of the Finance Act, 1994.
4. Invocation of Section 80 of the Finance Act, 1994 for waiving the penalty.

Analysis:

1. The High Court remanded the appeal back to the Tribunal after setting aside the Tribunal's order that dismissed the appeal of the assessee. This remand was based on the facts of the case and subsequent proceedings initiated against the appellant for penalty imposition.

2. The appellant, a service provider under 'Architect Services,' delayed the payment of service tax for the period 1.4.2008 to 30.9.2008, citing reasons related to personal circumstances, specifically the illness of a partner's mother. The appellant eventually paid the service tax along with interest after a delay of one year and three months.

3. Proceedings were initiated against the appellant for imposing a penalty under Section 76 of the Finance Act, 1994. The lower authority confirmed a penalty of &8377;1,11,000, which was upheld by the appellate authority. The appellant's counsel argued for the penalty waiver invoking Section 80 of the Finance Act, 1994, based on precedents and decisions supporting penalty waiver under reasonable causes.

4. After hearing both parties and examining the records, the Tribunal found that the delay in service tax payment was due to a reasonable cause, namely, the partner's mother's illness. Citing precedents where penalties were waived under similar circumstances, the Tribunal invoked Section 80 of the Finance Act, 1994, to waive the penalty imposed on the appellant. Consequently, the penalty was set aside, and the appeal of the appellant was allowed.

This detailed analysis of the judgment outlines the issues involved, the arguments presented by both parties, and the Tribunal's decision based on legal provisions and precedents.