2005 (2) TMI 862 - AT - Service Tax

Tribunal overturns penalty for late tax payment due to genuine error

N.C. Maheshwari & Co. Versus Commissioner of Central Excise

The tribunal allowed the appeal, finding that the penalty imposed on the appellant for a delay in service tax payment was unwarranted. The appellant's ... - Issues:Penalty imposed for delay in service tax payment due to entry error in the return.Analysis:The judgment pertains to an appeal against a penalty of &8377; 7,700 imposed on the appellant for a delay in payment of service tax. The period in question was September 2000 to March 2001. The appellant was required to pay more than &8377; 10,000 as service tax based on the value of taxable service rendered, but only paid &8377; 5,124.50. A notice was issued demanding the differential tax, and the appellant made the payment on 16th January 2002. The penalty was imposed due to the delay in payment.The appellant argued that an error occurred while entering the service charges realized in December 2000. The billed amount was mistakenly repeated as the received amount, resulting in higher figures in the return. The appellant claimed that there was no actual short payment, and the discrepancy was due to a mistake in entering the data. The appellant maintained that the delay in payment was solely because of an error in the return entries and not an attempt to evade tax by concealing receipts.The tribunal reviewed the records and found that the short levy demand was based on the entries made by the appellant in the filed return for the relevant period. There was no evidence suggesting any suppression of receipts to evade tax. Consequently, the tribunal concluded that the imposition of the penalty was unwarranted. The appeal was allowed, and any consequential relief was granted to the appellant.