2017 (5) TMI 765 - AT - Service Tax

Penalty u/s 76 - commercial training or coaching services - advertising agency services - Held that - it is a settled law that the imposition of the penalty is a discretion which has been exercised judicially in this case - the question of taxability on the two services is an interpretational one and hence by invoking provisions of Section 80 of the FA, 1994, the penalty is set aside - appeal dismissed - decided against Revenue.

Summary

Issues:
Appeal against Order-in-Appeal No. 136/2013 (H-II) ST dated 23.10.2013 regarding service tax liability on commercial training or coaching services and advertising agency services.

Analysis:
The appeal was filed by the Revenue against an Order-in-Appeal confirming the demand of service tax, interest, and penalties under sections 76 and 77 of the Finance Act, 1994. The First Appellate Authority upheld the demand of service tax with interest but set aside the penalties under section 76 while upholding the penalties under Section 77. The First Appellate Authority invoked Section 80 of the Finance Act, 1994 to set aside the penalties under section 76. The Revenue appealed against the setting aside of penalties under Section 76, arguing that there was no reasonable cause for non-payment of service tax. The Tribunal noted that the question of taxability on the services was interpretational, and the imposition of penalties is a discretionary judicial act. The Tribunal found no reason to interfere with the Order-in-Appeal, holding it correct, legal, and free from infirmity. Consequently, the appeal was rejected.

This judgment dealt with the issue of penalties under section 76 of the Finance Act, 1994 in the context of service tax liability on commercial training/coaching services and advertising agency services. The Tribunal upheld the First Appellate Authority's decision to set aside the penalties under section 76 based on the interpretational nature of the taxability question. The Tribunal emphasized that the imposition of penalties involves judicial discretion, which was exercised appropriately in this case. The Tribunal found no grounds to interfere with the Order-in-Appeal, affirming its correctness and legality.

In conclusion, the judgment focused on the proper application of penalties under section 76 of the Finance Act, 1994 in a case involving service tax liability. The Tribunal upheld the decision to set aside the penalties under section 76, emphasizing the interpretational nature of the taxability issue and the judicial discretion involved in imposing penalties. The Tribunal found no defects in the Order-in-Appeal, leading to the rejection of the Revenue's appeal.