2013 (1) TMI 431 - AT - Service Tax

Rent-a-Cab service - penalties u/s.76, 77 & 78 - Held that - Appellant is a proprietary firm and circumstances are similar to that of Bharat Travels Co. 2010 (7) TMI 203 - CESTAT, AHMEDABAD where also tax which was not due was collected and not paid, and appellant did discharge the liability to service tax with interest as soon as the same was pointed out, therfore a lenient view can be taken in this case and benefit of Sec.80 can be extended to waive penalty U/s.76 & 77. In the result, penalties under Sec.76 & 78 are waived and penalty under Sec.77 is upheld. The amount of service tax with interest paid to the department and appropriated is also upheld.

Summary

Issues:
1. Liability to pay service tax on collected amounts prior to 1/06/2007.
2. Imposition of penalties under sections 76, 77, and 78 of the Finance Act, 1994.
3. Applicability of Section 80 of the Finance Act, 1994 for waiver of penalties.

Detailed Analysis:
Issue 1: The appellants provided taxable services under Rent-a-Cab service and collected service tax on four vehicles with 56 seats for M/s.Claris Life Science Ltd. before 1/06/2007 but did not pay the tax until after that date when service tax became applicable for vehicles with more than 12 passengers. The appellant deposited the service tax amount subsequently, along with interest. The question of whether service tax was leviable before 1/06/2007 was deemed irrelevant as any amount collected as service tax is required to be paid to the Government under the Finance Act, 1994.

Issue 2: Penalties were imposed under sections 76, 77, and 78 of the Finance Act, 1994 after proceedings were initiated against the appellant for non-payment of service tax collected earlier. However, considering the circumstances where the appellant, a proprietary firm, discharged the liability to service tax with interest promptly after being notified, a lenient view was taken. The Tribunal waived penalties under sections 76 and 78 but upheld the penalty under section 77.

Issue 3: The appellant's counsel relied on a previous decision of the Tribunal to argue against the imposition of penalties. The Tribunal, in line with the decision and considering the circumstances, extended the benefit of Section 80 of the Finance Act, 1994 to waive penalties under sections 76 and 77. The penalty under section 77 was upheld, and the amount of service tax with interest paid by the appellant to the department was also upheld.

In conclusion, the Tribunal found that while there was no dispute regarding the liability to pay service tax on the collected amounts, penalties were waived under sections 76 and 78, with only the penalty under section 77 being upheld due to the appellant's prompt action in discharging the tax liability once notified. The decision highlighted the importance of complying with tax obligations promptly and the applicability of relevant provisions of the Finance Act, 1994 in such cases.