Customs, Excise and Gold Tribunal - Mumbai
Catalyst Capital Services Pvt. Ltd. vs Commissioner Of C. Ex. on 7 February, 2005
Equivalent citations: 2005(184)ELT34(TRI-MUMBAI), 2006[3]S.T.R.582
ORDER T. Anjaneyulu, Member (J)
1. The appellants have contravened the provisions of Section 68 and 70 of Chapter V of the Finance Act, 1994 inasmuch as the said assessee failed to pay the Service Tax on due date and failed to furnish half-yearly Returns in the prescribed form i.e. ST-3 to the Department within the stipulated time period of 25 days of the preceding half yearly ending September, 2000. The assessee filed ST-3 Returns for the above period on 21-11-2003 instead of on or before 25-10-2000.
2. On due enquiry, the Deputy Commissioner, Central Excise, Division K-III, Mumbai-IV, imposed penalty of Rs. 7,105/- under Section 76 of the Finance Act, 1994 for delay in payment of Service Tax and imposed Rs. 2,000/- under the provisions of Section 77 of the Finance Act, 1994 for late filing of ST-3 Returns.
3. The appellants had already deposited Rs. 7,105/- towards penalty under Section 76 for late payment of Service Tax and also Rs. 1,000/- (as reduced by the Commissioner of Appeals) for late filing of the Returns.
4. The appellants are not contesting the penalty of Rs. 1,000/- paid for late filing of the Returns. However, they are contesting for Rs. 7,105/- paid as penalty towards late payment of Service Tax.
5. It is contended on behalf of the appellants that there is no mala fide intention on the part of the appellants in making the late payment of Service Tax. There is also provision in the Finance Act for waiver of the penalty where sufficient cause is shown. As the appellants had already deposited the Service Tax and as there was no mala fide intention in making the delayed payment, the penalty imposed thereof i.e. Rs. 7,105/- is hereby set aside. Penalty of Rs. 1,000/-towards late filing of Return is confirmed.
6. Appeal is disposed off accordingly.