2011 (8) TMI 392 - AT - Service Tax

Option to pay 25% of the service tax towards penalty under Section 78 - In the decision High Court of Gujarat in the case of M/s. Akash Fashion Prints Pvt. Limited (2009 -TMI - 33022 - GUJARAT HIGH COURT), the respondent is given an option to pay 25% of the service tax towards penalty under Section 78 of Finance Act, 1994 within 30 days of the communication of this order. If the assessee is found to have deposited the service tax, interest and penalty to the extent of 25% within 30 days of the communication of the order of this Tribunal, assessee will be treated to have discharged full liability arising out of these proceedings - Failure to pay any of these amounts to the full extent within 30 days would render the assessee (respondent) liable to pay penalty to the extent of 100% of service tax demanded.

Summary

Issues:
1. Reduction of penalty under Section 78 of Finance Act, 1994.
2. Remand by the Hon'ble High Court of Gujarat for fresh decision.
3. Failure of respondents to appear in proceedings.
4. Reconsideration of penalty reduction in light of High Court decision.
5. Option for the assessee to pay 25% of service tax towards penalty.

Analysis:
1. The case involved the respondents providing services under the business auxiliary service category without paying the due service tax. The Commissioner (Appeals) had initially reduced the penalty under Section 78 of the Finance Act, 1994 from Rs.4,81,121 to Rs.1 lakh. However, the Hon'ble High Court of Gujarat remanded the matter for a fresh decision in light of a previous judgment regarding penalty reduction.

2. Despite notices, the respondents failed to appear in the proceedings, leading to the matter being listed multiple times without representation. The Revenue appealed against the Commissioner's decision to reduce the penalty, citing the High Court's view that penalty under Section 78 cannot be reduced but should either be fully waived or levied equal to the service tax amount.

3. The Tribunal, considering the High Court's decision, upheld the penalty imposed by the original adjudicating authority and set aside the Commissioner's decision to reduce the penalty. Additionally, the Tribunal noted that the lower authorities had not informed the assessee about the option to pay 25% of the service tax towards penalty within 30 days of the order communication. The Tribunal granted the respondent this option, emphasizing that failure to pay within the specified time would result in a penalty of 100% of the service tax demanded.

4. The Tribunal's decision aligned with previous judgments and legal provisions, ensuring that the penalty under Section 78 was upheld in accordance with the High Court's stance on penalty reduction. The reassessment of the penalty and the provision of the payment option aimed to maintain compliance with tax regulations and legal precedents, emphasizing the importance of timely payment to avoid further penalties.

5. The comprehensive analysis of the case highlighted the legal intricacies involved in penalty reduction under the Finance Act, 1994, the significance of court decisions in guiding tribunal rulings, and the procedural requirements for notifying parties about payment options to fulfill tax liabilities within the specified timeframe. The judgment exemplified the adherence to legal principles and precedents to ensure fair and just outcomes in tax-related matters.