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2016 (12) TMI 480 - AT - Service TaxImposition of penalty u/s 76 and 78 of FA - the entire amount of duty has been paid before issuance of Show Cause Notice - the judgment of Hon ble Gujarat High Court Raval Trading Co. Vs Commissioner of Service Tax 2016 (2) TMI 172 - GUJARAT HIGH COURT referred to - Held that - I find that in the case of Raval Trading Co. Vs Commissioner of Service Tax Simultaneous penalties under Sections 76 and 78 was levied and it was held that we answer the additional question in favor of the appellant-assessee and delete the penalty under Section 76 of the Finance Act 1994 while upholding the penalty imposed under Section 78 and other penalties. Therefore simultaneous penalty under Sec. 76 and Sec. 78 of Finance Act 1994 cannot be imposed on the Appellant. Consequently penalty imposed under Sec.76 is set aside. As regards the benefit of 25% of penalty on payment of duty and interest the issue is covered by the decision of Hon ble Gujarat High Court in the case of Santosh Textile Mills 2011 (3) TMI 1649 - GUJARAT HIGH COURT and Appellant would be entitled to discharge 25% of the penalty imposed under Section 78 of Finance Act 1994 subject to fulfillment of the conditions laid down therein - However for the purpose of ascertaining the quantum of interest and fulfilment the condition laid down under Sec. 78 of the said Act the matter needs to be remanded to the Adjudicating Authority. Appeal allowed by way of remand.
Issues:
1. Imposition of simultaneous penalty under Section 76 and 78 of the Finance Act. 2. Quantum of penalty and entitlement to discharge 25% of penalty imposed under Section 78. Analysis: 1. The appeal was against the Order-in-Appeal passed by the Commissioner (Appeals) regarding the imposition of penalties under Sections 76 and 78 of the Finance Act. The Appellant's argument focused on challenging the correctness of the simultaneous penalty imposition. The Appellant cited the judgment of the Hon'ble Gujarat High Court in Raval Trading Co. v. Commissioner of Service Tax, highlighting that simultaneous penalties under both sections cannot be imposed. The Appellant also sought the benefit of discharging 25% of the penalty under Section 78, referring to the judgment in CCE Surat-I v. Santosh Textile Mills. The Authorized Representative for the Revenue supported the findings of the Commissioner (Appeals). 2. The Tribunal referred to the judgment of the Hon'ble Gujarat High Court in Raval Trading Co. v. Commissioner of Service Tax, emphasizing the distinct nature of penalties under Sections 76 and 78 of the Finance Act. The Court clarified that the introduction of a proviso to Section 78 indicated that no further penalty under Section 76 could be levied when a penalty was imposed under Section 78. Therefore, the Tribunal concluded that simultaneous penalties under Section 76 and Section 78 could not be imposed on the Appellant. Consequently, the penalty imposed under Section 76 was set aside. Regarding the benefit of discharging 25% of the penalty under Section 78, the Tribunal relied on the decision in Santosh Textile Mills, stating that the Appellant was entitled to such benefit subject to fulfilling the specified conditions. 3. However, the Tribunal noted that for determining the quantum of interest and ensuring compliance with the conditions under Section 78 of the Finance Act, the matter needed to be remanded to the Adjudicating Authority. As a result, the impugned order was set aside to that extent, and the appeal was disposed of accordingly. The judgment clarified the applicability of penalties under different sections of the Finance Act and upheld the entitlement of the Appellant to certain benefits based on relevant legal precedents. Conclusion: The judgment by the Appellate Tribunal CESTAT Ahmedabad addressed the issues of simultaneous penalty imposition under Sections 76 and 78 of the Finance Act, along with the entitlement to discharge 25% of the penalty under Section 78. The decision was based on the interpretation of relevant legal provisions and judicial precedents from the Hon'ble Gujarat High Court, ensuring a fair and reasoned outcome for the parties involved.
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