2008 (6) TMI 183 - AT - Service Tax

Delay in filing of return and payment of tax tax was deposited before issue of SCN and interest thereon was deposited after issuance of SCN penalty imposed in adjudication were proposed to be enhanced by issuance of SCN subsequently, seeking revision of adjudication order - Commissioner dropped the revision proceedings on the ground that there is no allegation of any mala fide intention - revenue has not challenged this finding of Commissioner - order of the Commissioner can t be interfered

Summary

Issues: Alleged delay in filing tax return and payment; Demand of interest and penalties; Revision of adjudication order to enhance penalty; Applicability of Board Circular on voluntary tax deposit.

The judgment addresses the case involving a respondent engaged in Share Broker services, facing allegations of delayed tax return filing and payment for the period from April 1999 to March 2004. The respondent deposited the tax amount of Rs. 2,32,308 on different dates, following a show-cause notice proposing interest demand of Rs. 35,448 and penalties. The Adjudicating Authority confirmed the interest demand and imposed penalties of Rs. 35,000 under section 76 and Rs. 10,000 under section 77 of the Finance Act, 1994. Subsequently, the revenue sought to revise the adjudication order to increase the penalty amount, which was later dropped by the Commissioner of Central Excise, leading to the revenue's appeal before the Tribunal.

The revenue, represented by the learned DR, argued that the respondent paid the tax before the show-cause notice without interest and only deposited the tax after detection by the revenue, emphasizing the imposition of mandatory penalties. On the other hand, the respondent's advocate reiterated the Commissioner's findings, stating that the tax was deposited before the show-cause notice, thus contending that no penalty should be imposed. Despite the penalty being equal to the interest amount, the Adjudicating Authority had imposed it, and the Commissioner appropriately dropped the show-cause notice based on the circumstances of the case.

Upon review and analysis, the Tribunal found that the Commissioner's decision aligned with the Board Circular No. 137/176/06-CX-IV, dated 3-10-2007, which clarified that voluntary tax deposit along with interest, when intimated to the Department, concludes the proceedings. In this case, the respondents voluntarily paid the tax and interest post the show-cause notice, making the Board Circular inapplicable. Notably, the Commissioner's dropping of proceedings due to the absence of any mala fide intent was unchallenged by the revenue. Considering the tax and interest aspects, the Adjudicating Authority's penalty imposition was deemed appropriate. Consequently, the Tribunal rejected the revenue's appeal, affirming the Commissioner of Central Excise's order.