2009 (3) TMI 125 - AT - Service Tax

Waiver of Penalty Section 80 Held that - The appellants have clearly stated that they are contesting only penalty and not the service tax liability on a rent-a-cab and the interest leviable on it. It is noted that both the authorities at lower level have observed that lenient view cannot be taken under section 80 of Finance Act, 1994 in view of the fact that appellant was maintaining the accounts in pencil so that manipulation of data is easily possible. Further, in the impugned order, it has also been observed that the claim of the appellant that they were under a bona fide belief that only persons who are registered under Motor Vehicles Act are required to make entries and pay the service tax, is not believable and acceptable. Not a fit case to reduce or waive the penalty u/s 80

Summary

Issues:
Appeal against demand of service tax, Penalty imposition under section 78 of Finance Act, 1944, Condonation of delay, Waiving pre-deposit requirement, Contesting penalty but not service tax liability, Application of section 80 of Finance Act, 1994.

Analysis:

1. Demand of Service Tax and Penalty Imposition:
The judgment deals with an appeal against the confirmation of a service tax demand of Rs. 48,745 with applicable interest for a specific period. Additionally, a penalty equal to the service tax demanded has been imposed under section 78 of the Finance Act, 1944. The appellant contested the penalty but not the service tax liability on a rent-a-cab and the interest leviable on it. Both lower authorities noted that maintaining accounts in pencil could lead to data manipulation, indicating a lack of leniency under section 80 of the Finance Act, 1994. The appellant's claim of being under a bona fide belief regarding service tax obligations was deemed not believable and acceptable in the impugned order.

2. Condonation of Delay and Waiving Pre-Deposit Requirement:
The appellant sought condonation of delay in filing the appeal, citing rejection of a declaration under the Service Tax Dispute Resolution Scheme, 2008, due to the involved amount exceeding Rs. 25,000. The delay was condoned based on this ground. Despite no representation from the appellant during the proceedings, a letter was received waiving the requirement of a personal hearing and pre-deposit. Notably, the full service tax amount with interest had already been paid before the show-cause notice, leading to the waiver of the pre-deposit requirement and the appeal's disposal without it.

3. Application of Section 80 of Finance Act, 1994:
The appellant failed to establish a case for the application of section 80 of the Finance Act, 1994. The judgment highlights that the appellant's contentions regarding the belief that only registered persons under the Motor Vehicles Act were obligated to make entries and pay service tax were not considered credible. Consequently, the appeal was rejected based on the lack of merit in applying section 80 of the Finance Act, 1994.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT, Ahmedabad, provides a comprehensive overview of the issues involved, the arguments presented, and the ultimate decision rendered in the case.