2015 (7) TMI 968

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..... ce Tax dues. The learned Chartered Accountant also brought to the notice of the Bench certain letters issued by the tax recovery officers of the Income Tax Department written directly to the clients of the Appellant that amounts due to M/s Aqua Master Clean should be directly paid to the Income Tax Department. Though these letters were issued after the period involved in these demands, but it gives an indication that there was a financial hardship on the part of the Appellant for not discharging the duty liability for the year 2010-2011 to 2011-2012 in time. Accordingly, it is held that there was a reasonable cause and the case of the Appellant is covered by the provisions of Section 80 of Finance Act, 1994 - Decided in favour of assess .....

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..... re claiming waiver of penalty under Section 80 of Finance Act, 1994 as there was financial hardship. He also produced certain letters issued by Income Tax Department indicating that payments from their clients were directly taken by the Income Tax Department as they were not able to pay the income tax dues. 3. Shri T.K. Sikdar, learned Authorised Representative appearing on behalf of the Revenue argued that for the Financial Year 2010-2011 and 2011-2012, Appellant was recovering Service Tax also from his clients but the same was not being paid to the Department. It was, thus, strongly argued by the learned Authorised Representative that there was no reasonable cause for extending the benefit of Section 80 and accordingly defended the ord .....

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..... the Bench certain letters issued by the tax recovery officers of the Income Tax Department written directly to the clients of the Appellant that amounts due to M/s Aqua Master Clean should be directly paid to the Income Tax Department. Though these letters were issued after the period involved in these demands, but it gives an indication that there was a financial hardship on the part of the Appellant for not discharging the duty liability for the year 2010-2011 to 2011-2012 in time. Accordingly, it is held that there was a reasonable cause and the case of the Appellant is covered by the provisions of Section 80 of Finance Act, 1994. Appeals filed by the Appellant are allowed. (Dictated and pronounced in Court) - - TaxTMI - TMITax - .....

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