2013 (4) TMI 581 - AT - Service Tax

Imposition of penalty simultaneous u/s 76 & 78 - Respondent argued that the SCN has been issued after the amendment of Section 78 of the Finance Act, 1994 Held that - In the judgment, the Hon ble Karnataka High Court in the case of Motor World 2012 (6) TMI 69 has held that the amendment carried out u/s 78 of the Finance Act, 1994 is only a clarificatory in nature and therefore simultaneous imposition of penalty under Section 76 & 78 of the Finance Act, 1994 are not imposable for the period prior to 10/05/2008 also. The order passed by the Commissioner (A) is required to be upheld. Accordingly, the Department appeal is rejected.

Summary

Issues:
- Imposition of penalty under Section 76 of the Finance Act, 1994
- Interpretation of simultaneous imposition of penalties under Section 76 & 78 of the Finance Act, 1994
- Effect of the amendment of Section 78 on penalty imposition

Analysis:
1. The appeal was filed by the department against an order setting aside the imposition of penalty under Section 76 of the Finance Act, 1994 once penalty under Section 78 is imposed. The respondent waived the right to hearing and argued that penalty under Section 76 should not be imposed after the amendment of Section 78. The respondent relied on a judgment where it was held that once penalty under Section 78 is imposed, penalty under Section 76 is not imposable.

2. The authorized representative cited judgments from the Delhi High Court and CESTAT, Delhi Bench, to support the imposition of penalties under both sections. However, the Tribunal referred to its own judgment and the decision of the Hon'ble Karnataka High Court in the case of Motor World, stating that the amendment under Section 78 is clarificatory and penalties under both sections are not imposable for the period prior to the amendment. The show-cause notice in this case was issued after the amendment of Section 78.

3. Relying on the judgment of the Hon'ble Karnataka High Court and the Tribunal's previous decision, the Tribunal upheld the order of the Commissioner (A) and rejected the department's appeal. The Tribunal emphasized that penalties under both sections are not imposable for the period prior to the amendment of Section 78, in line with the clarificatory nature of the amendment.

This judgment clarifies the interpretation of penalties under Sections 76 and 78 of the Finance Act, 1994, highlighting the impact of the amendment on penalty imposition and the precedents set by previous judgments from different benches and high courts. The decision provides guidance on the simultaneous imposition of penalties and the relevance of the timing of the show-cause notice in relation to the amendment of relevant sections.