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2010 (4) TMI 200

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..... lants Shri C.Dhanasekaran, SDR for the Respondent CORAM: Hon'ble Ms. Jyoti Balasundaram, Vice-President Penalty of Rs.2,46,271/- imposed on the assessees herein for delayed payment of service tax during the period February to October 2007, is challenged by the assessees, on the ground that they had reasonable cause for delay namely, (i) non-availability of funds on due dates; (ii) shortage of .....

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..... ver with the shortage of funds by 6.33% every month, because of which the service tax could not be remitted within due dates; and (iii) Change of staff dealing with service tax. It is to be mentioned here that the service tax is required to be remitted to the Government Account only on realisation of the value of taxable service, that too only on the 5th of the following month in which the payment .....

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..... vernight to catch their administration gasping. Hence, the reasons given by the assessee can not be considered as reasonable cause for delayed payment of service tax. In view of the above, I am unable to persuade myself to show any leniency in terms of Section 80 of the Act. 3. As I am not satisfied with the reasons for delay in payment, I uphold the impugned order relating to imposition of penal .....

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