2009 (3) TMI 153 - AT - Service Tax

Penalty section 76 department contended that respondent has not discharged the Service Tax liability within time as has been framed by the Act. It is her submission that having not done so penalty imposed on him under Section 76 is correct held that - there is no allegation against the respondent that there was a situation wherein extended period is applicable. We also find that the learned Commissioner (Appeals) has correctly considered the issue from all the angles and set aside the penalty imposed. In view of this we are of the considered opinion that the impugned order is correct and legal and does not require any interference penalty not to be imposed

Summary

Issues:
- Appeal against penalty under Section 76 for failure to discharge interest liability before the issue of show cause notice.

Analysis:
The appeal before the Appellate Tribunal CESTAT, Bangalore was filed by the Revenue against the Order-in-Appeal setting aside the penalty imposed under Section 76 on the respondent for not discharging the interest liability before the issue of show cause notice. The respondent had paid the entire Service Tax liability but only part of the interest liability after the notice was issued. The Adjudicating Authority imposed a penalty of Rs. 1,43,962 for this non-compliance. However, the learned Commissioner (Appeals) overturned this decision citing Section 73(3) of the Finance Act, 1994, which states that compliance before the show cause notice exempts further action unless conditions under Section 73(4) apply. The Commissioner relied on previous decisions of the Tribunal, including one in 2006, which held that no interest or penalty can be imposed if the duty liability is discharged before the show cause notice. The Commissioner thus set aside the penalty under Section 76.

The Tribunal noted that there was no allegation of an applicable extended period against the respondent. It acknowledged the Commissioner's thorough consideration of the issue and upheld the decision to set aside the penalty. The Tribunal found the order legally sound and declined to interfere, ultimately rejecting the Revenue's appeal. The judgment emphasized the importance of complying with tax liabilities before the issuance of show cause notices to avoid penalties under Section 76 of the Finance Act, 1994. The decision provided clarity on the interpretation and application of relevant provisions in tax law and highlighted the significance of timely compliance with statutory obligations to avoid adverse consequences.