9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (7) TMI 30 - AT - Service TaxPenalty for non-payment of service tax in respect of services rendered by them as direct selling agent of various banks & as authorized service station of two wheelers reduction of penalty by commissioner - if any appeal is pending before Commissioner (Appeals) Commissioner shall not exercise revision power u/s 84(4) held that penalty u/s 76 is enhanced penalty of 100% is minimum and mandatory u/s 78 - penalty u/s 78 imposed by lower authority is also enhanced from Rs. 1000 to 3, 26, 329
Issues involved: Reduction of penalty under Section 77, non-payment of service tax, penalty under Sections 76 and 78 of the Finance Act, 1944, cross objection filed by the department, revision powers under Section 84(4), mandatory penalty under Section 78, applicability of penalty amounts.
Analysis: The case involved an appeal against the reduction of penalty under Section 77 by the Commissioner (Appeals) in a matter concerning non-payment of service tax by the appellant for services rendered as a direct selling agent and authorized service station. The appellant admitted to non-payment of service tax amounting to Rs.3,26,329 and paid the same with interest before the issuance of a show cause notice. The Revenue contended that the penalty under Section 76 could not be less than Rs.200 per day or 2% of the tax amount, subject to a maximum equal to the service tax payable. They argued that the penalty should be enhanced to the full tax amount of Rs.3,26,329. Additionally, it was pointed out that the penalty under Section 78 is mandatory and cannot be as low as Rs.1,000. The Tribunal noted that the Commissioner (Appeals) did not consider the cross objection filed by the department, which raised significant issues. Referring to the provisions of the Finance Act, 1944, the Tribunal found merit in the Revenue's arguments and cited a relevant judgment in support of enhancing the penalties under Sections 76 and 78 to the full tax amount of Rs.3,26,329 each. However, it was mentioned that if the respondent pays the penalty within 30 days of the order, a reduced penalty of 25% would apply. Considering the arguments and legal provisions, the Tribunal allowed the appeal filed by the department, thereby increasing the penalties under Sections 76 and 78 to the full tax amount of Rs.3,26,329 each.
|
