2017 (2) TMI 1077 - AT - Service Tax

Levy of penalty - Prayer for monthly payment of tax - Held that - the appellants have not challenged the demand, interest and penalty. The only ground given is that due to poor financial condition, they should be allowed to pay on monthly installment basis. As rightly pointed out by the Ld. AR, there are no provisions in the Finance Act, 1994 for such a facility - The appellants have also not pointed out any legal provisions allowing payment on monthly installment basis. As for Section 80 of the FA, 1994, the appellants have not given reasonable cause in their pleading and simply reproduced Section 80. In the absence of a reasonable cause, the benefit of Section 80 ibid cannot be considered. Appeal dismissed - decided against appellant.

Summary

Issues:
- Failure to deposit service tax liability and file ST-3 returns
- Demand of service tax, interest, and penalties under Sections 73, 75, 76, 77, and 78 of the Finance Act, 1994
- Appeal against order of adjudicating authority and Commissioner (Appeals)
- Request for payment on monthly installment basis due to poor financial condition
- Applicability of Section 80 of the Finance Act, 1994

Analysis:

The case involved the appellants who were engaged in providing taxable services under the category of "Commercial or Industrial Construction Service." They had charged service tax from a client but failed to deposit the amount in the government account. A show cause notice was issued for the demand of service tax, interest, and penalties under various sections of the Finance Act, 1994. The adjudicating authority confirmed the demand, leading to an appeal before the Commissioner (Appeals), who upheld the decision.

In the grounds of appeal before the Tribunal, the appellants requested to pay the entire amount on a monthly installment basis due to their poor financial condition. They cited Section 80 of the Finance Act, 1994, arguing that penalties should not be imposed in cases of reasonable cause for non-payment of service tax.

During the hearing, the Ld. A.R. pointed out the absence of provisions in the Finance Act, 1994 for allowing payment on a monthly installment basis. The appellants did not challenge the demand, interest, and penalties but solely requested installment payments based on financial constraints. The Tribunal found no legal provisions supporting such a request and noted that the appellants did not provide a reasonable cause for non-payment as required by Section 80 of the Act.

Ultimately, the Tribunal dismissed the appeal, upholding the order of the Commissioner (Appeals) as the appellants failed to establish a legal basis for their request for installment payments and did not present a reasonable cause for non-payment as per Section 80 of the Finance Act, 1994.