2015 (11) TMI 1488 - AT - Service Tax

Demand of service tax - Rent-a-Cab services and Tour Operator services - Held that - Appellant paid the tax after detection by the Central Excise officer in 2007, for the period 2002 to 2007. On a query from the Bench, the learned Counsel submits that the appellants charged the service tax on the gross amounts, but they paid the tax after deduction the tax on TDS amount which has not been deposited with the Government. Therefore, the penal provisions should be followed. After considering the submissions of both sides, we find that imposition of penalty under Section 78 of the Finance Act, 1994 is sufficient and therefore, other penalties would be liable to be set-aside. Learned Chartered Accountant also submits that the adjudicating authority had not given option to pay penalty under Section 78 of the Act of 25% of the tax alongwith interest and penalty within 30 days. - demand of service tax on Rent-a-Cab service alongwith interest and penalty under Section 78 of the Finance Act, 1994 is upheld and other penalties are set-aside. The appellant is given option to pay penalty 25% of the tax alongwith entire amount of tax and interest within 30days from the date of communication of this order, under Section 11AC of the Central Excise Act, 1944, read with Section 78 of the Finance Act, 1994. - Appeal disposed of.

Issues:
1. Demand of service tax under Rent-a-Cab and Tour Operator services.
2. Imposition of penalties for non-payment of service tax.
3. Dispute regarding payment of service tax on gross amounts.

Analysis:

Issue 1: Demand of service tax under Rent-a-Cab and Tour Operator services
The appellants were involved in providing buses on a rental basis to clients for employee transportation. A show cause notice was issued proposing a demand of service tax under Rent-a-Cab and Tour Operator services for the period from 2002-03 to 2006-07. While the demand under Rent-a-Cab services was not disputed and already paid, the appellants contested the demand under Tour Operator services. The adjudicating authority confirmed the demand under both categories, along with interest and penalties. However, on review, it was found that the appellants had submitted a Contract Carriage Permit issued by the Motor Vehicle authorities, supporting their claim of providing buses on a rental basis. Citing various precedents, it was concluded that the demand of service tax under Tour Operator services could not be sustained.

Issue 2: Imposition of penalties for non-payment of service tax
The Chartered Accountant representing the appellant argued that since the service tax under Rent-a-Cab was paid voluntarily before the show cause notice, no penalty should be imposed. However, it was revealed that the tax was paid only after detection by the Central Excise officer in 2007 for the period 2002-2007. Furthermore, it was disclosed that the appellants had charged service tax on gross amounts but paid the tax after deducting the TDS amount that was not deposited with the Government. Consequently, it was determined that penalty under Section 78 of the Finance Act, 1994 was justified, while other penalties were set aside.

Issue 3: Dispute regarding payment of service tax on gross amounts
The appellant's Chartered Accountant highlighted that the adjudicating authority did not provide the option to pay penalty under Section 78 of the Act of 25% of the tax along with interest and penalty within 30 days. After considering both sides' submissions, it was decided that the demand of service tax on Rent-a-Cab service, along with interest and penalty under Section 78 of the Finance Act, 1994, would be upheld. The appellant was given the opportunity to pay a penalty of 25% of the tax along with the entire amount of tax and interest within 30 days from the date of communication of the order, as per the provisions of the Central Excise Act, 1944, read with Section 78 of the Finance Act, 1994.

In conclusion, the appeal was disposed of with the demand of tax, interest, and penalties on Tour Operator services being set aside, while the demand of service tax on Rent-a-Cab service was upheld, with specific penalty provisions outlined for compliance within a specified timeframe.

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