2009 (1) TMI 181 - AT - Service Tax

Technical Inspection and Certification Service appellants discharged their liability towards service tax found by the lower authorities and paid service tax of an amount of Rs. 2,46,400 along with applicable interest before the show-cause notice was issued to them. The surviving dispute relates to their tax liability on an amount of Rs. 89,034 which the appellants have maintained to have received towards commission from their clients; and the penalties - appellants had produced the related credit notes raised on their clients - These credit notes raised in the normal course of business by the appellants cannot be rejected as not representing true transactions - The authorities below have not found that the disputed amount represented taxable value Demand set aside Further, appellant is eligible for waiver of demand in view of amnesty scheme of 2004.

Summary

Issues:
1. Demand of service tax under the category of 'Technical Inspection & Certification Services'.
2. Imposition of penalties under sections 75A, 76, and 77 of the Finance Act, 1994.
3. Discrepancy in dates on credit notes and show-cause notice.
4. Eligibility for amnesty from penalties under the extraordinary taxpayer-friendly scheme.

Analysis:
1. The appeal involved a demand for service tax of Rs. 2,53,522 from the appellant for services rendered under 'Technical Inspection & Certification Services' during a specific period. The appellant contended that they rectified the non-payment due to ignorance of provisions and requested the penalties imposed to be vacated. The Commissioner (Appeals) accepted part of the appellant's claim related to commission received, but the appellant sought modification for the entire amount.

2. The penalties under sections 75A, 76, and 77 of the Finance Act, 1994 were imposed on the appellant. The appellant argued that the penalties were harsh considering the circumstances of ignorance leading to the non-payment of service tax. Additionally, the appellant highlighted the introduction of an "extraordinary taxpayer-friendly scheme" for instant registration and payment of defaulted tax, claiming eligibility for amnesty from penalties under this scheme.

3. The discrepancy in dates on credit notes and the show-cause notice was a crucial point of contention. The Commissioner (Appeals) rejected part of the appellant's claim based on this discrepancy. However, the appellant maintained that the credit notes represented true transactions and should not be disregarded solely due to date differences. The Tribunal found that the documents provided by the appellant could not be rejected based on date inconsistencies and allowed the claim.

4. The Tribunal carefully considered the facts and submissions from both sides. It noted that the appellant had paid the service tax and interest before the show-cause notice was issued. The Tribunal found that the appellant's liability on a disputed amount received as commission from clients was not proven to be taxable value. Moreover, the appellant qualified for amnesty under the extraordinary taxpayer-friendly scheme, which acknowledged the confusion prevailing among service providers before its launch. Consequently, the penalties and the demand for unpaid tax were vacated in favor of the appellant.