2019 (7) TMI 635 - AT - Service Tax

Condonation of delay in making the payment of interest - HELD THAT - Taking note of the fact that the appellant is a sick unit registered with BIFR and the delay was only due to such financial hardships, I am of the opinion that the delay in making the interest payment deserves to be condoned - Further, it has to be noted that appellant has paid the amount within a reasonable time and there is no huge or wanton delay in making such payment. Interest also has been paid within one month after the time prescribed (3 months). The delay in making the payment of interest is condoned - COD application allowed.

Summary

Issues: Delay in complying with the Tribunal's Final Order

The appellant filed a Miscellaneous Application seeking to condone the delay in complying with the Tribunal's Final Order. The Tribunal's order confirmed a service tax demand along with interest and penalty. The appellant, a sick company under BIFR for financial rehabilitation, had paid the service tax demand and the reduced penalty within the prescribed time but delayed the interest payment. The appellant requested the delay in interest payment to be condoned due to financial constraints. The respondent opposed the application, arguing that the Tribunal had already reduced the penalty and imposed a condition for timely payment. The Tribunal, considering the appellant's financial difficulties, had ordered a partial reduction in penalty subject to timely payment of interest and the reduced penalty. The appellant had paid the service tax demand, penalty, and interest within a reasonable time frame, with only a delay in interest payment. The Tribunal, acknowledging the appellant's financial situation and the reasonable delay, allowed the Miscellaneous Application, condoning the delay in interest payment.

This judgment primarily revolves around the issue of condoning the delay in interest payment by the appellant in complying with the Tribunal's Final Order. The appellant, facing financial constraints as a sick company under BIFR, had paid the service tax demand and the reduced penalty within the stipulated time but delayed the interest payment. The appellant's counsel argued that the delay was due to the company's financial crisis, emphasizing that the delay in interest payment should be condoned to avoid a heavy burden of the entire penalty. On the other hand, the respondent contended that the Tribunal had already reduced the penalty and imposed conditions for timely payment, suggesting that the appellant could not seek further condonation for delayed interest payment. The Tribunal, after hearing both sides, examined the operative portion of its Final Order, which reduced the penalty subject to timely payment of interest and the reduced penalty. The Tribunal noted that the appellant had paid the service tax demand, penalty, and the reduced penalty within the prescribed time, with only a delay in interest payment. Considering the appellant's financial difficulties and the reasonable delay in interest payment, the Tribunal decided to condone the delay, emphasizing that the appellant had fulfilled the payment obligations within a reasonable timeframe, ultimately allowing the Miscellaneous Application.