2008 (12) TMI 194 - AT - Service Tax

Revision of order section 84 - The issue relates as to whether the cost of photographic paper and chemicals would be included in the taxable value of photographic service matter was pending before Comm.(A) against the order of Assistant Commissioner of Central Excise - . In the meantime, Commissioner of Central Excise revised the Original order and enhanced the penalty held that - impugned order of Commissioner to revise the order of adjudicating authority by enhancing the amount of penalty under section 76 of Finance Act, 1994 is set aside

Summary

Issues:
1. Taxable value of photographic service - Inclusion of cost of photographic paper and chemicals.
2. Penalty under section 76 of Finance Act, 1994 - Enhancement by Commissioner of Central Excise.

Analysis:

Issue 1: Taxable value of photographic service - Inclusion of cost of photographic paper and chemicals
The appellant, providing photography services, contested the inclusion of the cost of photographic paper and chemicals in the taxable value of their service. The Assistant Commissioner of Central Excise had confirmed the tax demand and imposed a penalty of Rs. 7,000 under section 76 of the Act. The appellant had filed an appeal before the Commissioner (Appeals) against this order. The Tribunal referred to the case of Deluxe Colour Lab (P.) Ltd. v. CCE and Jain Brothers v. CCE, where penalties were set aside in similar situations. The Tribunal found merit in the appellant's argument and set aside the Commissioner's order revising the penalty amount, thereby allowing the appeal with consequential relief.

Issue 2: Penalty under section 76 of Finance Act, 1994 - Enhancement by Commissioner of Central Excise
The key contention revolved around the Commissioner of Central Excise revising the penalty imposed by the adjudicating authority under section 76 of the Finance Act, 1994. The appellant successfully argued against the enhancement of the penalty, citing precedents where penalties were set aside in comparable cases. The Tribunal, considering the decisions in previous cases, held that the Commissioner's action to enhance the penalty was not justified. Consequently, the impugned order revising the penalty amount was set aside, and the appeal was allowed with consequential relief for the appellant.

This judgment highlights the importance of legal precedents in tax matters and the significance of challenging penalty enhancements based on established case law. The Tribunal's decision underscores the need for consistency in penalty imposition and the relevance of judicial decisions in shaping tax dispute resolutions.