2015 (9) TMI 1032 - AT - Service Tax

Levy of penalty - service tax with interest was paid before SCN - Commodity Exchange Services - Interpretation of taxable service - Levy of tax on admission fees and annual subscription charges - Held that - Definition of Taxable Service does not specifically mention Admission Fees or Annual Subscription Fees and appellant harbored a view that service tax on these amounts is not payable under Section 65 (105) (zzzzg). Appellant, therefore,-had reasonable case for not paying Service Tax. However the entire amount along with interest was paid by the appellant before the issue of show case notice. Penalties imposed against the appellant are, therefore, required to be waived as per the provisions of Section 80 of the Finance Act, 1994. - Decided in favour of assessee.

Summary

Issues:
1. Interpretation of the definition of 'Commodity Exchange Services' under Section 65 (105) (zzzzg) of the Finance Act, 1944.
2. Liability of the appellant for service tax on Admission Fees and Annual Subscription Charges.
3. Applicability of penalties under Section 80 of the Finance Act, 1994.

Analysis:

1. The appellant, registered under Section 65 (105) (zzzzg) of the Finance Act, 1944 for paying Service Tax on 'Commodity Exchange' Services, contended that they believed service tax was not payable on Admission Fees and Annual Subscription Charges. The appellant paid the entire service tax on these charges, along with interest, promptly upon being informed by the Revenue, even before the issuance of a show cause notice. The Tribunal noted that the definition of 'Commodity Exchange Services' did not explicitly mention Admission Fees or Annual Subscription Fees, leading to a reasonable basis for the appellant's initial belief. Consequently, the Tribunal found that the penalties imposed on the appellant should be waived under Section 80 of the Finance Act, 1994.

2. The Revenue argued that the appellant paid the service tax and interest only after the case was detected by them. However, the Tribunal considered the appellant's proactive payment upon notification and the absence of specific mention of Admission Fees or Annual Subscription Charges in the definition of 'Commodity Exchange Services.' The Tribunal, therefore, concluded that the appellant had a valid basis for not paying the service tax initially and that the penalties should be waived in accordance with Section 80 of the Finance Act, 1994.

3. After hearing both sides and examining the case records, the Tribunal found that the appellant's actions of promptly paying the service tax and interest upon being made aware of the issue demonstrated a lack of willful default or intention to evade taxes. Given the appellant's compliance and the absence of explicit inclusion of Admission Fees or Annual Subscription Charges in the definition of 'Commodity Exchange Services,' the Tribunal allowed the appeal filed by the appellant and directed for consequential relief, if any, to be granted.

In conclusion, the Tribunal allowed the appeal, emphasizing the appellant's prompt payment of the service tax and interest upon notification, the absence of specific mention of the charges in question in the relevant definition, and the applicability of Section 80 of the Finance Act, 1994 to waive penalties in such circumstances.