2015 (12) TMI 334 - AT - Service Tax

Manpower Recruitment Agency service - penalty under Section 76, 77 and 78 - Benefit of Section 80 - Held that - The service tax liability has not contested by the appellant as they have paid service tax alongwith interest before adjudication order has passed. It is fact on record that appellant have collected the service tax therefore it could not be said that they were unaware of the service tax liability and payment thereof therefore in my considered view appellant could not showed any reasonable cause by which penalty can be waived invoking Section 80 of the Finance Act, 1994. I therefore upheld the impugned order and dismissed the appeal. - Decided against assessee.

Summary

Issues:
1. Appeal against Order-in-Appeal upholding Order-in-Original for non-payment of service tax.
2. Applicability of penalty under Sections 76, 77, and 78.
3. Request for waiver of penalties based on appellant's circumstances.
4. Consideration of reasonable cause for penalty waiver under Section 80 of the Finance Act, 1994.

Issue 1: Appeal against Order-in-Appeal upholding Order-in-Original for non-payment of service tax:
The appellant, engaged in providing Manpower Recruitment Agency services, faced scrutiny revealing non-deposit of collected service tax to the government exchequer. The adjudicating authority confirmed the demand and imposed penalties. The appellant appealed for penalty waiver, which was rejected by the Commissioner(Appeals), leading to this appeal.

Issue 2: Applicability of penalty under Sections 76, 77, and 78:
The adjudicating authority confirmed the demand and imposed penalties under Sections 76, 77, and 78 due to the appellant's failure to deposit collected service tax. The appellant sought waiver of these penalties based on their circumstances and cooperation with the investigating officer.

Issue 3: Request for waiver of penalties based on appellant's circumstances:
The appellant, represented by a Chartered Accountant, argued that being a small-time service provider and illiterate, they cooperated with the investigation and paid the entire service tax liability along with interest before adjudication. The appellant pleaded for the waiver of penalties imposed and upheld by the lower authorities.

Issue 4: Consideration of reasonable cause for penalty waiver under Section 80 of the Finance Act, 1994:
The appellant's submission for penalty waiver was based on their payment of the service tax liability before adjudication and their cooperation with the investigating officer. However, the Revenue contended that the appellant knowingly collected service tax but did not remit it to the government, indicating awareness of their tax liability.

In the judgment, it was noted that the appellant did not contest the service tax liability and had paid the tax with interest before the adjudication order. The Tribunal held that since the appellant had collected the service tax, their claim of unawareness of the liability was not substantiated. Consequently, the appellant failed to demonstrate a reasonable cause for penalty waiver under Section 80 of the Finance Act, 1994. Therefore, the Tribunal upheld the impugned order, dismissing the appeal for penalty waiver.

This detailed analysis covers the issues raised in the legal judgment comprehensively, providing insights into the arguments presented by both parties and the Tribunal's reasoning for the decision.