2013 (5) TMI 646 - AT - Service Tax

Waiver of penalty - person who had conducted the coaching classes had died and apparently the service provider was a proprietary concern - initially it was a partnership of husband and wife and later on the wife tried to run the coaching classes and had to discontinue and thereafter the daughter-in-law started it again. - held that - the penalties imposed on the appellant can be set aside. - In any case this is also a suitable case for waiver of penalty by invoking the provisions of Section 80 of Finance Act, 1994 - There is no indication that the same concern was continued in view of the fact that there was a break in between. - penalty waived.

Summary

Issues:
- Service tax liability for commercial coaching services
- Imposition of penalties under various sections
- Request for waiver of penalty

Analysis:

Service Tax Liability for Commercial Coaching Services:
The case involved a demand of Rs.29,756 as service tax from the appellant for providing commercial coaching services during a specific period. The appellant had paid the service tax and interest before the show cause notice and was not disputing the same. The key issue was the liability for service tax on the coaching services provided by different entities over the years.

Imposition of Penalties Under Various Sections:
Penalties under various sections were imposed on the appellant along with the demand for service tax. The appellant sought a waiver of the penalties while not contesting the service tax liability and interest paid. The penalties were imposed based on the findings of the inquiry conducted by the Department regarding the coaching classes provided by different entities under different names.

Request for Waiver of Penalty:
The appellant presented a detailed account of the history of the coaching classes provided by different entities, starting from a partnership firm to sole proprietary concerns run by family members. The appellant argued that the penalties imposed should be set aside due to the circumstances surrounding the change in ownership and operation of the coaching classes. The appellant invoked Section 80 of the Finance Act, 1994, seeking a waiver of penalties based on the succession of ownership and discontinuation of the coaching classes by different individuals within the family.

In the judgment, it was noted that the coaching classes were initially run by a partnership firm and later continued by different family members as proprietary concerns. The Tribunal found that the penalties imposed on the appellant could be set aside due to the succession of ownership and the discontinuation of the coaching classes by different individuals within the family. The Tribunal agreed that no penalty was imposable in this case, considering the circumstances where there was a break in operations and a change in ownership of the coaching classes. As a result, the appeal was allowed, and the penalties imposed on the appellant were set aside, while confirming the payment of service tax and interest.

In conclusion, the judgment focused on the waiver of penalties based on the succession of ownership and discontinuation of coaching classes by different family members. The Tribunal considered the history and circumstances surrounding the operation of the coaching classes to decide on the imposition of penalties, ultimately ruling in favor of the appellant and setting aside the penalties while confirming the payment of service tax and interest.