2008 (5) TMI 118 - AT - Service Tax

Allegations of fraud, collusion or wilful mis-statement held that charges of suppression of facts or intention to evade payment of duty can not be alleged merely on the grounds of non-submission of return and registration etc. moreover, appellant has duly accounted for the goods manufactured on job work basis under the prescribed Annexure-V and returned the manufactured goods under Annexure-VI penalty was rightly set aside by commissioner by invoking section 80

Summary

Issues:
1. Penalty imposition for suppression of facts to evade payment of duty.

Analysis:
The judgment by the Appellate Tribunal CESTAT Ahmedabad involved the issue of penalty imposition for suppression of facts to evade payment of duty. The Tribunal considered the case where the adjudicating authority found the respondents guilty of suppression of facts to evade duty, based on the non-submission of returns and lack of registration certificate. However, the Tribunal noted that the respondents consistently claimed they were unaware of the liability to pay Service tax, which is why they did not register or submit returns. The Tribunal observed that the respondents had accounted for goods manufactured on job work basis and returned them to the appropriate entity, indicating no willful suppression of information. The Tribunal emphasized that mere non-submission of returns and registration cannot lead to allegations of suppression of facts or intent to evade duty. The Tribunal found that Section 78 penalties were not applicable in this case due to the lack of evidence proving suppression of facts or intent to evade duty.

Regarding the Revenue's appeal against the Commissioner (Appeals) decision to set aside the penalty, the Revenue reiterated that non-disclosure of facts to the revenue justified the penalty imposition. However, the Tribunal, after reviewing the reasoning of the Commissioner (Appeals) and considering Section 80 of the Finance Act, 1994, found no fault in the decision to set aside the penalty. The Tribunal rejected the Revenue's appeal, upholding the Commissioner (Appeals) decision based on the lack of evidence supporting the imposition of penalties under Section 78.

In conclusion, the Appellate Tribunal CESTAT Ahmedabad ruled in favor of the respondents, rejecting the Revenue's appeal against the decision to set aside the penalty for suppression of facts to evade payment of duty. The Tribunal emphasized the importance of concrete evidence to prove allegations of suppression of facts or intent to evade duty, highlighting that mere non-submission of returns and registration cannot be the sole basis for penalty imposition.