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2017 (2) TMI 575 - CESTAT HYDERABAD

2017 (2) TMI 575 - CESTAT HYDERABAD - TMI - Imposition of penalty u/s 76 of the FA, 1994 - delayed payment of tax - financial difficulty - invocation of section 80 - Held that: - with effect from 01.04.2011 the appellant has been discharging the service tax liability on accrual basis and before that it was on receipt basis - it is a fit case to invoke Section 80 and grant the waiver of penalty imposed u/s 76 of FA, 1994, looking at the financial difficulty of appellant - penalty set aside - appe .....

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ng the service tax for the period October 2010 to March 2011 and April 2011 to September 2011. Though they had filed returns within the prescribed time, the appellant could not discharge the service tax liability while filing the returns. The appellants had reflected the liability of service tax in their returns and it was also shown that the amount is not paid. A show cause notice was issued to them proposing to impose penalty for failure to discharge the service tax liability. After due proces .....

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d that they had defaulted several loans taken from financial institutions. Though the appellants requested for waiver of penalty in terms of section 80 of. 4. Against this the Ld. AR sh. Arun Kumar reiterated the findings in the impugned order. He submitted that the appellant though filed the return s had delayed in paying the service tax and therefore the penalty has been rightly imposed. 5. I have heard the submissions made by both sides. In para 12 of the impugned order the Commissioner has d .....

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