2014 (8) TMI 346 - AT - Service Tax

Waiver of predeposit of penalty - Reverse charge mechanism - Reimbursement of air fare expenses - Held that - Applicant has not disclosed the nature of payment in their returns. So the Revenue was not aware of the reimbursement expenses. The period of dispute relates to 2006-07 to 2010-11. It is seen that non-payment of tax was discovered by the audit party during examination of the records. In view of that, prima facie, Applicant is liable to pay penalty - Conditional stay granted.

Summary

Issues Involved:
1. Application for waiver of predeposit of penalty under Section 78 of the Finance Act, 1944.

Analysis:
The judgment revolves around the application for waiver of predeposit of penalty amounting to Rs. 18,55,964 imposed under Section 78 of the Finance Act, 1944. The applicant had entered into a contract with a foreign company for training and technical assistance, paying service tax under reverse charge mechanism. However, the audit revealed that the applicant had not paid tax on reimbursable expenses, leading to the imposition of penalty. The applicant contended that they had paid the tax along with interest before the show cause notice was issued, and highlighted conflicting tribunal decisions on the issue of tax on reimbursable expenses. The Revenue argued that the non-disclosure of payment nature in returns amounted to suppression of facts. The judgment considered these submissions and found that the applicant had not disclosed the nature of payment in their returns, leading to the Revenue's lack of awareness regarding the reimbursement expenses. The period of dispute ranged from 2006-07 to 2010-11, with the non-payment of tax discovered during an audit. Consequently, the judgment directed the applicant to deposit Rs. 1,50,000 within six weeks, with the waiver of predeposit for the balance amount of penalty, pending appeal disposal.

This detailed analysis of the judgment showcases the intricacies involved in the application for waiver of predeposit of penalty under Section 78 of the Finance Act, 1944. The conflicting tribunal decisions, the issue of non-disclosure in returns, and the discovery of non-payment during an audit were pivotal in determining the liability for penalty and the subsequent directive for partial deposit and waiver.