2017 (6) TMI 473 - AT - Service Tax

Penalty u/s 76 and 78 of FA - appellant has paid the entire amount of service tax along with interest, before issuance of SCN - Held that - the appellant is liable to penalty only u/s 78 of the Act, in terms of the decision of the Hon ble Punjab & Haryana High Court in the case of CCE, Ludhiana vs. Pannu Property Dealers 2010 (7) TMI 255 - PUNJAB AND HARYANA HIGH COURT , wherein it has been held that simultaneous penalties cannot be imposed u/s 76 and 78 respectively - penalty u/s 76 set aside. Considering the fact that appellant had paid the entire amount of service tax along with interest before issuance of SCN and no option has been given in the impugned order to pay penalty to the tune of 25% of the amount of service tax confirmed, in terms of proviso to Section 78 of the Act, the penalty is required to be reduced to 25% of the service tax confirmed against the appellant. Appeal allowed - decided partly in favor of appellant.

Summary

Issues: Penalty under Sections 76 and 78 of the Finance Act, 1994

Analysis:

1. The appellant appealed against an order imposing penalties under Sections 76 and 78 of the Finance Act, 1994. The appellant had paid the service tax and interest before the show cause notice was issued. The Tribunal referred to a decision by the Punjab & Haryana High Court in a similar case, stating that penalties under both Sections 76 and 78 cannot be imposed simultaneously. Therefore, the penalty under Section 76 was dropped. The Tribunal also noted that the appellant had paid the entire service tax before the show cause notice without the option to pay a reduced penalty as per Section 78. Citing another decision by the Punjab & Haryana High Court, the Tribunal reduced the penalty to 25% of the confirmed service tax amount.

2. The Revenue's representative referred to a decision by the Delhi High Court in a different case. However, the Tribunal, considering its jurisdiction under the Punjab & Haryana High Court, maintained the penalty reduction to 25% of the service tax amount. The Tribunal ordered the appellant to pay this reduced penalty within 30 days; failure to do so would result in the appellant being liable to pay 100% of the penalty under Section 78 of the Finance Act, 1994.

3. The appeal was disposed of with the above terms, emphasizing the reduction of penalty to 25% of the service tax amount and the timeline for payment to avoid further penalties. The Tribunal's decision was based on legal precedents set by the Punjab & Haryana High Court, ensuring consistency in penalty imposition and payment requirements in similar cases within its jurisdiction.

This detailed analysis outlines the Tribunal's reasoning and application of relevant legal principles in deciding on the penalties under Sections 76 and 78 of the Finance Act, 1994, based on the appellant's actions and legal precedents cited during the proceedings.