2008 (11) TMI 136 - AT - Service Tax

Appellants voluntarily paid the tax due along with interest - subsequently, a SCN was issued proposing to penalise the appellant for violation of various provisions of the Finance Act, 1994 - original authority adjudicated the proposals and imposed penalties under Sections 75A, 76 and 77 - once the tax due was voluntarily paid along with interest it was not open to the department to issue any notice proposing any further demand or penalty against the assessee Section 73 (3) applicable

Summary

Issues:
1. Liability for non-compliance with statutory formalities in rendering services under "Test Inspection and Certification" category.
2. Imposition of penalties under Section 75A, 76, and 77 of the Finance Act, 1994.
3. Appeal against penalties imposed by the original authority.
4. Application for waiver of predeposit of penalty amounts.
5. Interpretation of sub section (3) of Section 73 of the Finance Act regarding payment of service tax and conclusion of proceedings.

Analysis:
1. The judgment deals with a case where M/s. Santhi Casting Works provided services under the "Test Inspection and Certification" category without following statutory formalities from 01.07.2002 to 30.09.2005. The appellants voluntarily paid the tax due of Rs. 26,337/- along with interest on 17.12.2005. Subsequently, a Show Cause Notice was issued proposing penalties under various provisions of the Finance Act, 1994. The Commissioner (Appeals) upheld the penalties imposed by the original authority.

2. The Authorised Representative of the appellant argued that once the tax due was voluntarily paid with interest, the department could not issue any further notice for demand or penalty. They relied on a Circular of the CBEC dated 3.10.2007, clarifying that sub-section (3) of Section 73 concludes proceedings against an assessee upon payment of defaulted service tax and interest. The Judicial Member agreed with this interpretation.

3. The Judicial Member analyzed sub section (3) of Section 73, which allows a person to pay the service tax on their own ascertainment and inform the jurisdictional Central Excise Officer, thereby preventing further notice under sub section (1) of Section 73. Referring to the Circular F.No.137/167/2006-CX-4 dated 3-10-2007, the CBEC clarified that the conclusion of proceedings under sub-section (3) of Section 73 pertains to the Finance Act, 1994. Therefore, no additional action was warranted against the appellants after they paid the previously unpaid service tax along with interest.

4. Consequently, the appeal was allowed, and the stay application seeking waiver of predeposit of penalty amounts was disposed of. The judgment emphasizes the importance of compliance with statutory formalities and the legal implications of voluntary payment of service tax under the Finance Act, 1994.