2007 (11) TMI 34 - AT - Service Tax

Penalty for not paying Service Tax and not filing returns In view of HC and SC decisions, section 76 is subject to section 80 and there is discretion to reduce the penalty Reduction of penalty by Commissioner (A) is upheld

Summary

Issues involved:
Reduction of penalties under Sections 76, 77, and 78 of the Finance Act, 1994 based on the provisions of Section 80 and discretion of adjudicating authorities.

Analysis:
The appeal was directed against the Order-in-Appeal reducing penalties imposed on the respondent under Sections 76, 77, and 78 of the Finance Act, 1994. The Ld. SDR contended that the respondent violated provisions related to non-filing of returns and non-depositing correct Service Tax collected from customers, arguing that such violations do not warrant penalty reduction. However, the Ld. Advocate defended the order citing the consideration of Section 80 by the Ld. Commissioner (Appeals) for penalty reduction. The Ld. Commissioner (Appeals) noted that the respondent admitted tax liability and discharged the same, considering the penalties excessive due to lack of awareness about service tax provisions as a new levy. The Ld. Commissioner (Appeals) exercised discretion in reducing penalties, aligning with the Supreme Court's view on penalty imposition based on case-specific facts and circumstances.

The Hon'ble High Court of Judicature at Bombay, in a related matter, upheld the Tribunal's decision that Section 80 overrides Sections 76, 77, 78, and 79 of the Service Tax Act, allowing for penalty reduction. The court dismissed the Commissioner of Service Tax's appeal, emphasizing the discretion to reduce penalties under Section 80. The court's ruling established a legal precedent that supported the respondent's position in the present case, affirming the correctness of the impugned order.

Consequently, the Tribunal pronounced the dismissal of the Revenue's appeal on 2-11-07, based on the legal principles established by the Supreme Court and the Hon'ble High Court of Judicature at Bombay, which favored penalty reduction under Section 80 and upheld the Ld. Commissioner (Appeals)'s decision in the matter.