2011 (9) TMI 697 - HC - Service Tax

Penalty - When two fact finding authorities have held the non-payment of service tax was not intentional, it was not with any intention to avoid tax, considered the circumstances in which the assessee was placed and reduced the penalty, it cannot be said that the said order suffers from any legal infirmity - The contention that once there is a default the payment of penalty is automatically unsustainable in view of the language employed in Section 80 of the Act, where if a sufficient cause is made out for the default under any of these provisions, then no penalty shall be imposed - Decided in favor of the assessee

Summary

Issues:
- Appeal challenging reduction of penalties by the Appellate Authority
- Assessment of penalty for non-filing of Service Tax Return
- Consideration of circumstances for penalty reduction
- Interpretation of Section 80 of the Act

Analysis:
1. The appeal was filed by the Revenue against the reduction of penalties by the Appellate Authority. The case involved an assessee providing security services to a company and facing penalties for non-filing of Service Tax Return despite paying the Service Tax amount. The assessing authority imposed a penalty of Rs. 1,28,558/-, which was later reduced to Rs. 50,000/- by the Appellate Authority upon considering the circumstances and cause shown by the assessee.

2. The material on record indicated that the assessee had paid some amount of Service Tax before and after the issue of a show cause notice. The Appellate Authority, after re-evaluating the evidence, found the assessee to be at fault but accepted the cause shown as sufficient, leading to the reduction of the penalty. The Tribunal also upheld this decision, emphasizing that the non-payment of service tax was not intentional and did not involve any tax avoidance motive.

3. The judgment highlighted the importance of considering the circumstances in which the assessee was placed and the intention behind the default in determining the appropriate penalty. It was noted that Section 80 of the Act provides for the non-imposition of a penalty if a sufficient cause is established for the default. The Tribunal's order was deemed legally sound, with no substantial question of law warranting consideration, ultimately ruling in favor of the assessee and against the Revenue.

4. Consequently, the appeal was dismissed, and no costs were awarded in the matter. The judgment underscored the significance of assessing penalties in tax matters based on the specific facts and circumstances of each case, ensuring that legal provisions are interpreted and applied appropriately to achieve a fair and just outcome.