11 June 2011
The penal provisions under Service Tax are provided under Sections 76, 77 and 78 of the Finance Act,1994. Although the penalty is liable to be imposed for the circumstances covered under the said provisions, the Section 80 of the Finance Act, 1994, provides provisions not to impose penalty, for any failure referred to in the said provisions, if the Service Tax assessee proves that there was sufficient cause for such failure. Lack of funds or time is not construed as ‘sufficient cause’.