2017 (5) TMI 1085 - AT - Service Tax

Penalty - Construction of residential complex - entire service tax liability and the interest is paid before the issuance of SCN - applicability of provisions of Section 73(3) of the FA, 1998 - Held that - There is nothing on record to indicate that appellant was aware of the liability to pay service tax and were not discharged willfully - there is no dispute as to the fact that the appellant has discharged the service tax liability and the interest thereof before the issuance of SCN - Identical issue came up before the Hon ble High Court of Karnaraka in the case of CCE & ST., LTU, Bangalore v. Adecco Flexione Workforce Solutions Ltd. 2011 (9) TMI 114 - KARNATAKA HIGH COURT , where it was held that after the payment of service tax and interest is made and the said information is furnished to the authorities, then the authorities shall not serve any notice under Sub-Sec.(1) in respect of the amount so paid - provisions of Section 73(3) of the FA, 1994 would apply and the revenue authorities should not have issued any SCN to the appellant for the demand of imposition of penalties - demand of tax with interest upheld - appeal allowed - decided partly in favor of appellant.

Summary

Issues:
- Service tax liability on construction of residential complex
- Interest payment
- Penalties under Sections 70, 77, and 78 of the Finance Act, 1994

Service Tax Liability and Interest Payment:
The appeal concerned the service tax liability, interest, and penalties related to the construction of a residential complex between October 2009 and June 2012. The appellant admitted to not being aware of the legal provisions initially but later discharged the service tax liability and interest before a show-cause notice was issued. The lower authority imposed penalties, but the appellant sought leniency based on timely payment of tax and interest. The Tribunal upheld the service tax liability and interest payment as the appellant had fulfilled these obligations.

Penalties under Sections 70, 77, and 78:
Regarding penalties imposed under Sections 70, 77, and 78 of the Finance Act, 1994, the Tribunal considered the appellant's lack of awareness of the legal provisions initially. The Tribunal referenced a similar case before the Hon'ble High Court of Karnataka where it was held that if the tax liability is discharged before a show-cause notice is issued, penalties should not be imposed. Citing Section 73(3) of the Finance Act, 1994, the Tribunal concluded that the revenue authorities should not have issued a show-cause notice for penalties. Consequently, the Tribunal set aside the penalties imposed on the appellant based on the legal provisions and precedents.

In summary, the Tribunal upheld the service tax liability and interest payment but set aside the penalties imposed on the appellant under Sections 70, 77, and 78 of the Finance Act, 1994, as the appellant had discharged the tax liability and interest before the issuance of a show-cause notice. The decision aligned with legal provisions and precedents, ensuring fair treatment based on the timely fulfillment of tax obligations.