2008 (4) TMI 148 - AT - Service Tax

As per section 80 no penalty shall be imposable on the assessee for any failure if the assessee proves that there was reasonable cause for the said failure - Commissioner (Appeals) has leniently viewed the failures on the part of the respondents and reduced the penalties considerably failure occurred because there was new levy of service tax on travel agents failure is bona fide - sufficient cause for the delay reduction of penalty u/s 76 and 78 by commissioner is justified

Summary

Issues:
1. Reduction of penalties imposed under various sections of the Finance Act, 1994.
2. Applicability of Section 80 of the Finance Act, 1994 in waiving penalties for failures with reasonable cause.

Analysis:
1. The judgment pertains to a revenue appeal where penalties were imposed on the respondents for failing to follow provisions of the Finance Act, 1994 and pay service tax on services rendered by travel agents. The Commissioner (Appeals) reduced the penalties after considering the respondent's submission that they were not familiar with the procedures due to the new levy of service tax. The delay in payment was attributed to a belated reply from the authorities. The penalties under various sections were reduced based on case law, acknowledging the reasonable cause for the failures, leading to a reduction in penalties under Section 76 and Section 78, while penalties under Section 75A and Section 77 remained unchanged.

2. The appeal filed by the revenue challenged the reduction of penalties, arguing that there was no provision to waive penalties for tax evaders who paid the tax before the order-in-appeal. However, the Member (T) noted that the Commissioner (Appeals) had appropriately applied Section 80 of the Finance Act, 1994, which allows for the waiver of penalties if there was a reasonable cause for the failure. The Member (T) agreed with the lower authority's decision, stating that the respondents' lack of familiarity with the new service tax procedures constituted a sufficient cause for the delay. As Section 80 provides for penalty waiver in such cases, and there were no grounds to dispute the lower authority's findings, the appeal by the revenue was dismissed.

In conclusion, the judgment upheld the reduction of penalties imposed on the respondents under the Finance Act, 1994, based on the reasonable cause for their failures and the provisions of Section 80 allowing for penalty waiver in such circumstances. The decision highlighted the importance of considering the circumstances leading to non-compliance before imposing penalties and affirmed the Commissioner (Appeals)'s decision to reduce the penalties in light of the respondents' lack of familiarity with the new service tax regulations.