2010 (11) TMI 572 - AT - Service Tax

Penalty - Suppression - since the appellants had paid the tax amount and interest prior to issue of show-cause notice no notice was required to be issued in view of the provisions of Section 73 for demand of tax and for imposition of penalty for non-payment of the tax - it is a fact that the respondents have not filed the requisite return in time and hence they are liable for penalty of Rs. 1, 000/- under Section 77 of the Finance Act 1994 - Decided against the revenue

Summary

Issues: Appeal against dropping of penalties by lower appellate authority under Sections 78, 76, and 77 of the Finance Act, 1994.

Analysis:

1. Penalty under Section 78 for suppression:
The Department appealed against the dropping of penalties by the lower appellate authority under Section 78 of the Finance Act, 1994. The lower appellate authority held that the case did not involve suppression, leading to the dropping of the penalty under this section. The Appellate Tribunal observed that since the appellants had paid the tax amount and interest before the issue of the show-cause notice, no notice was required under Section 73 for demand of tax and penalty for non-payment. Consequently, the Appellate Tribunal found no reason to interfere with the dropping of the penalty under Section 78.

2. Penalty under Section 76 for non-payment of tax:
Regarding the penalty under Section 76 for non-payment of tax, the learned counsel argued that since the tax amount and interest were paid before the show-cause notice, no notice was necessary as per Section 73. The lower appellate authority waived the penalty under Section 76 without providing explicit reasons. The Appellate Tribunal concurred with this decision, stating that the reasons for waiver were implicit due to the payment made prior to the notice issuance. Therefore, the Appellate Tribunal upheld the dropping of the penalty under Section 76.

3. Penalty under Section 77 for non-filing of return:
The respondents failed to file the requisite return on time, rendering them liable for a penalty of Rs. 1,000 under Section 77 of the Finance Act, 1994. Consequently, the Appellate Tribunal partially modified the impugned Order-in-Appeal, restoring the penalty imposed by the original authority under Section 77. As a result, the Department's appeal was partly allowed, and the penalty under Section 77 was upheld.

In conclusion, the Appellate Tribunal decided on the penalties under Sections 78, 76, and 77 of the Finance Act, 1994, based on the specific circumstances and legal provisions applicable to each case. The judgment provided clarity on the waiver of penalties due to timely tax payment and the imposition of penalties for non-filing of returns, ensuring a balanced approach to penalty imposition in tax matters.