2008 (7) TMI 121 - AT - Service Tax

Cable operator - appellants were not receiving signals directly from the satellite as they are getting the signals from multi-system operator who is receiving signals from the satellite - appellants are cable operators and are providing taxable service which is liable for service tax demand confirmed - bona fide belief, that appellant are not liable for service tax - appellants are covered under the exception provided u/s 80 - therefore, penalties imposed on the appellant are set aside

Summary

Issues:
1. Whether the demand of service tax on the appellant as cable operator is justified.
2. Whether penalties imposed on the appellant are sustainable.

Analysis:

Issue 1:
The appellant challenged the demand of service tax imposed on them for the period from 16/08/02 to 31/03/04, contending that they were not liable to pay service tax as they received signals from a multi-system operator and provided signals to customers without directly receiving signals from the satellite. The Revenue argued that the appellant fell under the definition of a cable operator as per the Finance Act, providing cable services through a Cable Television Network. The Tribunal found that the appellants indeed qualified as cable operators under the Act and were providing taxable services subject to service tax. Therefore, the demand of service tax was upheld based on the definition of cable operator provided in the Finance Act.

Issue 2:
Regarding the penalties imposed on the appellant, the Tribunal considered the appellant's argument that they believed in good faith that they were not liable for service tax due to their signal reception process. Section 80 of the Finance Act provides an exception for penalties if the assessee proves a reasonable cause for the failure to comply with tax provisions. The Tribunal accepted the appellant's explanation and concluded that they were covered under the exception in Section 80, thus setting aside the penalties imposed. The appeal was disposed of in favor of the appellant, with the penalties being overturned based on the reasonable cause provided under the Finance Act.

This judgment highlights the importance of understanding the legal definitions and provisions under the Finance Act in determining tax liabilities for service providers like cable operators. It also emphasizes the significance of proving a reasonable cause for non-compliance to avoid penalties under the relevant tax laws.