2018 (5) TMI 1819 - AT - Service Tax

Benefit of reduced penalty of 25% under the proviso to Section 78 - Non-payment of service tax - non-filing of returns - interest for delayed payment of service tax also not paid - Held that - The benefit of reduced penalty is inbuilt under Section 78 ibid. Hence, the same cannot be denied to the appellant - appeal is therefore partly allowed by way of allowing the appellants to pay reduced penalty calculating at 25% of the penalty imposed under Section 78 ibid, provided they fulfil all the other conditionalities of that Section - appeal allowed in part.

Summary

Issues:
1. Appellants providing 'Security Agency Service'
2. Non-filing of service tax returns for a specific period
3. Non-payment of service tax for a specific period
4. Non-payment of interest for delayed service tax payment
5. Imposition of penalty under Section 78 of the Finance Act, 1994

Analysis:
1. The appellants were engaged in providing 'Security Agency Service.' The audit revealed discrepancies such as failure to file service tax returns for the period October 2006 to September 2007, non-payment of service tax from July 2006 to November 2007, and failure to pay interest for delayed service tax payment from April 2005 to July 2006.

2. The department initiated proceedings against the appellants, resulting in an order dated 19.12.2008 demanding a total sum of ?1,43,69,829/- as unpaid service tax, interest, and an equal penalty under Section 78 of the Finance Act, 1994. The appellants contested only the imposition of penalty under Section 78.

3. During the hearing, the appellants' advocate requested the benefit of reduced penalty of 25% under the proviso to Section 78. The respondent, represented by the Ld. AR, supported the impugned order, including the penalty.

4. The Tribunal, after considering both sides, acknowledged that the reduced penalty is inherent in Section 78 of the Finance Act, 1994. Therefore, the appellants were entitled to avail the benefit of paying a penalty reduced to 25% of the original amount imposed under Section 78, subject to fulfilling all other conditions specified in the section. The Tribunal only partially allowed the appeal, granting this relief while not interfering with other aspects of the impugned order.

5. Consequently, the appeal was partly allowed to enable the appellants to pay the reduced penalty as specified, while the rest of the impugned order remained unaffected. The decision highlighted the mandatory nature of the reduced penalty provision under Section 78 and upheld the appellants' right to avail that benefit upon meeting the prescribed conditions.