Home Case Index All Cases Service Tax Service Tax + HC Service Tax - 2015 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 38 - MADRAS HIGH COURTPenalty u/s 77 – Clearing & Forwarding Agent service – ‘Reasonable cause’ shown for delay in payment of tax – ‘Sick unit’ declared by BIFR - Held that:- as regards the non-payment of tax, it pointed out to the sickness of the company, which ultimately, ended up on filing of petition before BIFR (Board for Industrial and Financial Companies) in the year 2001 declaring as sick company under Section 3(1)(a) of the Sick Industrial Companies (Special Provisions) Act, 1985 - It is no doubt true that the default is with reference to the period from October 1999 to March 2003. It is also a matter of record that the assessee had paid service tax for the period from April 2002 to March 2003. Considering the financial constraint that the assessee had undergone and on satisfaction that sufficient cause shown by the assessee for not having been able to pay service tax in time, the CESTAT had deleted the penalty - Decided against Revenue.
|