2006 (9) TMI 592 - AT - Service Tax

Summary

Issues involved: Imposition of penalty under Section 78 of the Finance Act, 1994.

Summary:
The case involved M/s. Shield Security Forces, a service provider, who failed to register and fulfill statutory obligations under Service Tax laws. The authorities discovered that the company was aware of its tax liability but did not comply. Despite collecting service tax from clients, they did not remit it to the authorities. The original adjudicating authority confirmed a duty demand and imposed penalties under Sections 76 and 78 of the Finance Act, 1994. The Commissioner (Appeals) set aside the penalty under Section 78.

The appeal by the department focused on the penalty imposed under Section 78. The Respondents' advocate argued that nothing was concealed during the authorities' visit and emphasized the lack of concurrence from the Commissioner before imposing the penalty under Section 78. The department contended that separate penalties under Sections 76 and 78 were permissible, disagreeing with the Commissioner (Appeals)'s decision to set aside the penalty under Section 78.

After reviewing the submissions and records, the Member (T) concluded that the penalty under Section 78 was unwarranted given the circumstances of the case. The decision of the Commissioner (Appeals) to remove the penalty under Section 78 was deemed reasonable, leading to the dismissal of the appeal.