2001 (12) TMI 1 - AT - Service Tax

Summary

Issues:
1. Demand of interest and penalty under Sections 76 and 77 of the Finance Act.
2. Dispute regarding the date of tax payment and imposition of interest and penalty.
3. Imposition of penalty under Section 77 for delay in filing return.

Analysis:
Issue 1: The appeal was filed against the Order-in-Appeal affirming the demand of interest and penalty under Sections 76 and 77 of the Finance Act. The Deputy Commissioner confirmed the demand based on a delay in tax payment by the appellants. The appellants argued that they deposited the tax amount before the due date, but the cheque was encashed after the due date, leading to the demand. However, the Tribunal found that the payment by cheque is permissible under the Finance Act, and as per relevant rules and circulars, if the cheque is not dishonored and deposited before the due date, no interest or penalty should be imposed. Therefore, the demand for interest and penalty under Section 76 was set aside.

Issue 2: The Tribunal acknowledged that the penalty under Section 77 for delay in filing the return could not be challenged as the appellants failed to provide a sufficient cause for the delay. The amount of penalty imposed was deemed reasonable and justified. Hence, the imposition of penalty under Section 77 was upheld, and this part of the impugned order was maintained.

In conclusion, the Tribunal set aside the demand of interest and penalty under Section 76 while upholding the penalty under Section 77. The impugned order of the Commissioner (Appeals) was modified accordingly, and the appeal of the appellants was disposed of in these terms.