2007 (9) TMI 41 - AT - Service Tax

Department contended that appellant has collecting services tax but not paying it to the department Fit case for enhancement of penalty by the commissioner in revision proceedings Appellant directed to pre-deposit Rs. 10 lakhs and balance waived

Summary

Issues:
1. Challenge to order of Commissioner under Section 84 of Finance Act, 1994.
2. Confirmation of service tax demand, education cess, appropriation of deposited amounts, interest, and penalties under Sections 76, 77, and 78.
3. Short-payment of service tax by appellant firm for various periods.
4. Imposition of penalty under Section 78 for suppression or concealment of taxable services.
5. Commissioner's power to impose penalty under Section 78 through revisional powers under Section 84.
6. Contention regarding payment of service tax amounts and leniency.

Analysis:
1. The appellant challenged the Commissioner's order under Section 84 of the Finance Act, 1994, which set aside penalties under Sections 76, 77, and 78 imposed by the Assistant Commissioner and imposed a penalty of Rs. 90 lacs under Section 78. The adjudicating authority confirmed the service tax demand, education cess, directed appropriation of deposited amounts, and imposed a penalty of Rs. 20,000 under Section 78.

2. The appellant firm, providing architectural services, was found to have short-paid service tax for various periods. The adjudicating authority took a lenient view based on a statement by the Manager, imposing a penalty of Rs. 20,000 under Section 78. However, the Commissioner invoked revisional powers under Section 84 to enhance the penalty, justifying the action based on suppression or concealment of taxable services.

3. The Commissioner's power to enhance the penalty under Section 78 was contested by the appellant's counsel, arguing that only the Assistant Commissioner or Deputy Commissioner could impose such penalties. However, it was clarified that the Commissioner, under Section 84(1), had the authority to revise orders made by subordinate authorities, including penalties under Section 78.

4. Despite arguments for leniency due to payment of service tax amounts, it was revealed that returns were not filed, taxes were not paid for crucial periods, and service tax collected from customers was not remitted to the department. Considering the circumstances, the Tribunal directed the appellant to deposit Rs. 10 lacs within six weeks to waive the remaining penalty amount. Failure to comply would result in dismissal of the appeal.

5. The judgment highlighted the importance of complying with tax obligations, filing returns, and paying due taxes promptly. The Tribunal balanced leniency with enforcement, emphasizing the seriousness of non-compliance with tax laws and the consequences of attempting to evade payment.