2014 (1) TMI 1001 - AT - Service Tax

Demand of service tax - Service tax collected but not submitted - Held that - appellant M/s. Cops Protections Pvt. Ltd. had in fact collected the amount of service tax liability which they have indicated on the invoices from their clients. In our view, it becomes appellant bounded duty to deposit such amounts which have been collected as service tax from their clients in the government treasury. We do not find any reason for granting a waiver of pre-deposit of such amounts collected by the appellant and not deposited in the government treasury - Stay denied.

Summary

Issues: Stay petitions for waiver of pre-deposit of service tax liability, interest, and penalties; imposition of personal penalties on directors; compliance with deposit requirements; applicability of penalties on individuals.

In the judgment by the Appellate Tribunal CESTAT AHMEDABAD, the issues revolved around stay petitions seeking the waiver of pre-deposit of service tax liability, interest, and penalties. The main appellant, a security agency service provider, had collected service tax from clients but failed to deposit it in the government treasury. The tribunal noted that the appellant's duty was to deposit the collected amounts as service tax. It directed the appellant to deposit the outstanding amount within eight weeks and report compliance. The tribunal found no reason to grant a waiver for the amounts collected but not deposited. Additionally, the tribunal addressed the imposition of personal penalties on the directors. It observed that the provisions invoked for penalties may not be applicable, leading to a prima facie case for waiving pre-deposit of penalty amounts. The tribunal considered a partial deposit made by the appellant as payment towards interest and penalties imposed on the company.

Regarding the penalties on individuals, the tribunal found that the provisions used for imposition might not be suitable. Therefore, it allowed a waiver of pre-deposit of penalty amounts subject to compliance with the order for the main appellant. The judgment concluded by allowing the stay petition for the main appellant, provided they comply with the pre-deposit order. All stay petitions filed by the appellants were disposed of accordingly, with detailed directives for compliance and reporting. The tribunal's decision aimed to ensure proper deposit of collected service tax amounts and addressed the issue of penalties imposed on individuals, emphasizing compliance with the specified requirements for each party involved.