2016 (8) TMI 15 - AT - Service Tax

Delay in payment of service tax - Levy of penalty - held that - we find that the original authority found the case fit for grant of benefit of Section 80 to the appellant and once the benefit has been given under Section 80, it was not open to the revisionary authority to revise such decision of the original authority. Since the service tax along with interest has been paid voluntarily by the appellant, we choose to set aside the penalties imposed by the revisionary authority under Section 76, 77 and 78 by denying the benefit of Section 80 of the Act which benefit has been given to the assessee on valid ground by the original authority. Decided in favor of assessee.

Summary

Issues:
- Imposition of penalty under Section 76, 77, and 78 of the Act by the revisionary authority after the adjudicating authority had not imposed any penalty.
- Appellant admitted delay in filing returns due to genuine reasons and financial crunch.
- Appellant voluntarily paid service tax along with interest.
- Discretionary power of adjudicating authority under Section 80 of the Act.
- Jurisdiction of revisionary authority to interfere with the decision of the original authority.

Analysis:
1. The appeal challenged the imposition of penalties under Section 76, 77, and 78 by the revisionary authority, which had been dropped by the adjudicating authority exercising discretion under Section 80 of the Act. The appellant, engaged in security agency services, admitted delay in filing returns for the period in dispute due to genuine reasons and financial constraints. The adjudicating authority confirmed the service tax demand but did not impose any penalties, considering the absence of malafide intention and the voluntary payment of service tax with interest by the appellant.

2. The appellant's counsel argued that the revisionary authority lacked the power to interfere with the adjudicating authority's discretionary decision. Citing various legal precedents, the counsel emphasized that once the benefit under Section 80 had been granted, it was not open to the revisionary authority to revise such a decision. The counsel also highlighted the judgments of the Hon'ble High Court of Karnataka, supporting the position that penalties should not be imposed when reasonable cause for non-compliance has been shown.

3. The revisionary authority contended that the appellant failed to provide sufficient evidence for the late payment of service tax with interest. However, upon reviewing the case and legal precedents, the Tribunal found that the original authority had rightly granted the benefit of Section 80 to the appellant, and the revisionary authority had erred in imposing penalties after this benefit had been given.

4. Considering the facts, circumstances, and legal principles, the Tribunal set aside the penalties imposed by the revisionary authority under Section 76, 77, and 78. The Tribunal held that since the service tax, along with interest, had been voluntarily paid by the appellant, and the benefit of Section 80 had been rightfully granted by the original authority, there was no justification for the revisionary authority to impose penalties. Consequently, the appeal was allowed, and the impugned order imposing penalties was set aside.

In conclusion, the Tribunal's decision emphasized the importance of exercising judicial discretion, respecting the benefits granted under relevant sections of the Act, and ensuring that penalties are imposed judiciously based on the circumstances of each case.