2008 (7) TMI 85 - AT - Service Tax

SCN issued to appellants requiring them to pay tax on taxable services rendered as authorized service station & business auxiliary service since invoice doesn t specifically mention that charges are inclusive of tax invoice charges can t be taken as cum-tax - during the disputed time SSI exemption was extended & there was confusion after budget regarding leviability of tax on labour charges & valuation of service hence penalty is set aside but interest is payable

Summary

Issues:
1. Liability for service tax on taxable services rendered under authorized service station and business auxiliary service.
2. Applicability of penalty under Section 76 and 77 of Finance Act, 1994.
3. Treatment of amount received as cum-tax on value.
4. Eligibility for waiver of penalty under Section 80.
5. Liability for interest payment.

Analysis:
The case involved M/s. Shakti Motors, engaged in selling Hero Honda brand motor bikes/scooters and providing business auxiliary services. A show cause notice was issued for non-payment of service tax on taxable services, resulting in a demand for tax payment, penalty, and interest. The appellant argued that if tax was paid before the notice, no show cause notice was required, and the amount received should be treated as cum-tax on value. The appellant also sought waiver of penalty under Section 80, citing confusion and lack of clarity regarding service tax liability.

The Member (Technical) examined the arguments. While rejecting the cum-tax treatment, the Member acknowledged the confusion post-Budget 2005 regarding service tax on labor charges and valuation for authorized service stations. The Member agreed that the appellant's immediate tax payment after the issue was raised indicated no intention to evade tax. Consequently, the benefit of Section 80, which waives penalties for reasonable cause failures, was extended to the appellant. However, the liability for interest payment remained, and the appellant was directed to pay applicable interest if not already done so. The appeal was allowed based on the above considerations.

In conclusion, the judgment addressed the liability for service tax on specific services, the applicability of penalties under relevant sections of the Finance Act, the treatment of received amounts, the eligibility for penalty waiver under Section 80 due to reasonable cause, and the requirement for interest payment. The decision provided relief to the appellant by extending the benefit of Section 80 while upholding the liability for interest payment.