2008 (9) TMI 104 - AT - Service Tax

Courier service non-payment of tax - service tax and interest are paid only after adjudication proceedings held that, invoking sections 73, 75 and 76 of the Act, penalty under section 76 is validly imposed - No reason to warrant invoking of section 80 to reduce the penalty - appeal by assessee is dismissed.

Summary

Issues: Penalty under section 76 of the Finance Act, 1994

In this case, the appellants contested a penalty of Rs. 90,000 imposed on them under section 76 of the Finance Act, 1994 for not paying tax on courier services rendered between 1/2003 to 9/2003. The appellants argued that since they paid the tax due along with interest, there should not be a penalty under section 76 of the Act.

The tribunal considered the provisions of section 76 of the Act, which stipulate penalties for failure to pay service tax. It was acknowledged by both parties that when service tax and interest are paid after adjudication proceedings invoking sections 73, 75, and 76 of the Act, a penalty under section 76 could be validly imposed.

The tribunal noted that the show-cause notice proposed to demand unpaid service tax under section 73, interest under section 75, and penalty under section 76 of the Act. After due process and in accordance with the law, a penalty of Rs. 90,000 was imposed. The tribunal found no justification to reduce the penalty under section 80 of the Act. Consequently, the appeal was dismissed.