2014 (2) TMI 437 - AT - Service Tax

Renting of immovable properties - waiver of penalty u/s 80 - Held that - provisions of Section 80(2) of the Finance Act, 1994 which was inserted w.e.f . 28.05.2012 has been interpreted by the lower authorities is being effective from that date and any payment made prior to that date is not eligible to get the benefit. - the said amendment of Section 80 of the Finance Act, 1994 could be applicable to the payment made by assessee even prior to 28.05.2012, as the spirit of the law is to not to penalize the assesses, but had defaulted the payment of service tax of renting immovable property, due to ratio of judgment which held field during the relevant period. - penalty waived.

Summary

Issues:
1. Whether the appellant, who did not discharge service tax liability along with interest, is eligible for the benefit of Section 80(2) of the Finance Act, 1994.

Detailed Analysis:
The judgment dealt with multiple stay petitions and appeals that raised a common question of law and facts, leading to their disposal through a common order. The issue at hand revolved around the discharge of service tax liability for a specific period. The appellant contended that they had mentioned a judgment of the Hon'ble High Court of Delhi, which held that renting of immovable properties is not liable for service tax, while filing their ST-3 returns. They claimed to have paid the entire service tax liability with interest in 2010 and sought the setting aside of penalties imposed by invoking Section 80 of the Finance Act, 1994.

The appellant argued that they had not paid the service tax as the tenant, Canon India Pvt. Ltd., had informed them that they would not bear the service tax due to the Delhi High Court judgment. The Departmental Authority reiterated the findings of the lower authorities, leading to the central issue of whether the appellant, who had not discharged the service tax liability along with interest, could benefit from the provisions of Section 80(2) of the Finance Act, 1994.

The Tribunal noted that the appellant had indeed paid the service tax liability and interest soon after receiving the show cause notice. It was acknowledged that the appellants had initially been discharging the service tax liability but had to stop due to the tenant's direction. The interpretation of Section 80(2) of the Finance Act, 1994 by the lower authorities, which limited its applicability to payments made after a specific date, was challenged. The Tribunal emphasized that the amendment to Section 80 aimed to prevent penalties on service tax related to renting immovable property, even for payments made before the amendment's effective date.

Ultimately, the Tribunal found in favor of the appellant, considering that they were not contesting the service tax liability and had made payments before the adjudication order. Therefore, the Tribunal invoked the provisions of Section 80 of the Finance Act, 1994 and set aside the penalties imposed by the lower authorities. The appeals were disposed of accordingly, reflecting the Tribunal's decision on the matter.