2012 (7) TMI 317 - AT - Service Tax

Application for waiver of penalty - entire amount of Service Tax along with interest paid by assessee before issuance of Show Cause Notice Held that - It is a fit case for invoking section 80 of Finance Act, 1994. Accordingly the appeal is allowed

Summary

Issues:
Application for waiver of penalty under sections 77 and 78 of the Finance Act, 1994 for non-payment of Service Tax on services provided by goods transport agencies (GTA) during a specific period.

Analysis:
The appellant sought waiver of a penalty of Rs.14,714 imposed under sections 77 and 78 of the Finance Act, 1994, for failure to pay Service Tax on services provided by GTA. The appellant contended that they had already paid the Service Tax amount of Rs.4,714 and interest of Rs.1,196 before the issuance of the Show Cause Notice. The Tribunal, after hearing both sides, decided to dispose of the appeal without the requirement of pre-deposit of the penalty, with the consent of both parties.

The facts of the case revealed that the appellants, engaged in manufacturing excisable goods, had availed services from GTA between 01.05.2005 to 31.01.2009 but failed to register and pay Service Tax on time. Upon realization, they paid the Service Tax amount and interest, following which a Show Cause Notice was issued on 23.04.2010. The Adjudicating authority confirmed the notice, imposing a penalty under sections 77 and 78 of the Finance Act. The appellant's appeal against this decision was rejected by the Commissioner (Appeals), leading to the present appeal.

The appellant's advocate argued that there was confusion regarding the payment of Service Tax on GTA services initially, resulting in non-payment and non-registration with the department. The advocate cited a decision by the Karnataka High Court to support the argument that no Service Tax was payable on GTA services from 01.05.2005 to 01.04.2008, implying liability only for the period 01.04.2008 to 31.01.2009. The appellant had already paid more than the liability for the latter period, making the imposition of penalty unwarranted.

Contrary to the appellant's submissions, the Additional Commissioner representing the revenue reiterated the findings of the Commissioner (Appeals). However, the Tribunal found in favor of the appellant, citing the Karnataka High Court decision and acknowledging the confusion surrounding the payment of Service Tax on GTA services initially. The Tribunal noted the contradiction in the Commissioner (Appeals)'s findings regarding the imposition of penalties on the appellant and concluded that the appellant had already paid the entire Service Tax amount along with interest for the period, including the period where no tax was due. Consequently, the Tribunal invoked section 80 of the Finance Act, 1994, allowing the appeal and providing consequential relief.