2015 (12) TMI 335 - AT - Service Tax

Penalty imposed under Section 76 and 77 & 78 - rent a cab service - Held that - The service tax liability has not been contested by the appellant and they have paid service tax alongwith interest before adjudication order was passed. It is fact on record that appellant had collected the service tax, therefore it cannot be said that they were unaware of the service tax service tax liability and payment thereof, therefore in my considered view appellant could not show any reasonable cause by which penalty can be waived invoking Section 80 of the Finance Act, 1994. I therefore upheld the impugned order - Decided against assessee.

Summary

Issues:
1. Appellant's liability for service tax non-payment and penalty imposition under Sections 76, 77, and 78 of the Finance Act.
2. Appeal for waiver of penalties based on appellant's cooperation and payment of service tax before adjudication.

Analysis:
1. The judgment pertains to an appeal against the Order-in-Appeal upholding penalties under Sections 76 and 77 of the Finance Act for non-payment of service tax by the appellant, a rent-a-cab service provider. The appellant had collected service tax but failed to remit it to the government exchequer for the period 2006-07 to 2010-11. The adjudicating authority confirmed the demand and imposed penalties under Sections 76, 77, and 78. The appellant's appeal for penalty waiver was rejected by the Commissioner (Appeals), leading to the current appeal before the tribunal.

2. The appellant, represented by a Chartered Accountant, argued that being a small service provider, and illiterate, they cooperated with the investigating officer and cleared the entire service tax liability with interest before adjudication. The appellant sought leniency in waiving the penalties. On the contrary, the Revenue, represented by a Superintendent, contended that the appellant's registration with the service tax authority indicated awareness of their obligations, and ignorance could not excuse non-payment. The Revenue highlighted that had the department not intervened, the appellant might have evaded tax payment.

3. The tribunal considered both parties' submissions and observed that the appellant did not contest the service tax liability and had paid the tax with interest before the adjudication order. Given that the appellant had collected service tax, the tribunal concluded that they were aware of their liability and failed to provide a reasonable cause for penalty waiver under Section 80 of the Finance Act, 1994. Consequently, the tribunal upheld the penalties imposed and dismissed the appeal, emphasizing the appellant's inability to demonstrate a valid reason for penalty waiver despite the tax payment.

This comprehensive analysis outlines the issues, arguments presented by both sides, and the tribunal's reasoning leading to the decision to uphold the penalties imposed on the appellant for non-payment of service tax.