2008 (9) TMI 229 - AT - Service Tax

Imposition of penalty in revision order - C & F Agent in revisional order the Commissioner found that the appellant intentionally evaded service tax on the amount incurred by it initially and got reimbursed subsequently - appellants submits that failure to pay the differential tax had occurred due to the ignorance - the appellants have made a strong prima facie case against the imposition of penalty under Section 76 of the Act in the revisional order on the strength of case law stay granted

Summary

Issues:
Waiver of pre-deposit and stay of recovery of penalty above Rs. 2.25 lakhs imposed on M/s. Anand Agencies in a revisional order passed by the Commissioner.

Analysis:
In the application filed by M/s. Anand Agencies, they sought waiver of pre-deposit and stay of recovery of a penalty above Rs. 2.25 lakhs imposed on them for not paying service tax on reimbursement of expenses received from their customer during 2001-02 to 2004-05. The Commissioner found that the appellant intentionally evaded service tax and imposed a penalty under Section 78 of the Finance Act, 1994. The appellants claimed that the failure to pay the differential tax was due to ignorance and cited judicial authorities to support their case, arguing that the penalty under Section 76 was at the discretion of the adjudicating authority and should not be interfered with by the Court.

The ld. JDR submitted a judgment of the Karnataka High Court in a similar case and argued against reducing the penalty imposed under Section 76, stating that the Tribunal's decision was based on irrelevant precedents. However, upon careful consideration, it was found that the judgment of the Karnataka High Court did not support the revenue's case. The Tribunal's reduction in penalty under Section 76 was based on valid case law and not arbitrary grounds. Therefore, the reduction in penalty ordered by the Tribunal was upheld.

Consequently, the Tribunal found that the appellants had a strong prima facie case against the imposition of penalty under Section 76 of the Act based on relevant case law. As a result, the Tribunal granted waiver of pre-deposit and stay of recovery of the penalty of Rs. 2.25 lakhs until the final disposal of the appeal.