2014 (11) TMI 1178 - HC - Service Tax

Penalty u/s 78 - respondent has paid the tax before the issuance of the SCN - Held that - the department has introduced voluntary disclosure scheme where if the assessee has paid tax voluntarily the entire interest is waived let alone the penalty - penalty set aside - appeal dismissed - decided against Revenue.

Summary

Issues:
- Appeal against deletion of penalty by Tribunal

Analysis:
The High Court heard an appeal filed by the revenue challenging the Tribunal's decision to delete the penalty imposed by the adjudicating authority. The Court considered the substantial questions of law raised in the appeal. The first issue was whether the Tribunal was correct in setting aside the penalty under Section 78 of the Act because the respondent had paid the tax before the issuance of the show cause notice. The second issue involved whether the Tribunal was justified in setting aside the penalty when the case involved suppression of facts not challenged by the respondent. The third issue questioned the legal sustainability of the CESTAT's order in light of a previous Supreme Court judgment.

The Court noted that the assessee had paid the tax with interest even before the issuance of the show-cause notice. Additionally, the department had introduced a voluntary disclosure scheme where paying tax voluntarily resulted in the waiver of interest and penalty. Considering these factors and the fact that the tax was paid before the show-cause notice, the Court found no justification to interfere with the Tribunal's decision. Ultimately, the Court dismissed the appeal, upholding the Tribunal's order to delete the penalty imposed by the adjudicating authority.