2017 (10) TMI 1054 - AT - Service Tax

Penalties u/s 77 and 78 - service tax with interest paid before issuance of SCN - Held that - in terms of Section 73(3) of the Finance Act, 1994, the proceedings against the appellant case should not have been initiated - penalty set aside - appeal allowed.

Summary

Issues:
Penalties under Section 77 & 78 of the Finance Act, 1994 imposed on the Appellant for non-payment of Service Tax prior to registration.

Analysis:
The case involved penalties imposed on the Appellant under Section 77 & 78 of the Finance Act, 1994 for not paying Service Tax prior to registration. An investigation revealed that the Appellant provided "works contract services" to specific companies during a certain period. The Appellant registered with the Service Tax Department on a later date but was found to have not paid Service Tax for the period before registration. A Show Cause Notice was issued demanding Service Tax, interest, and proposing penalties. The Original Authority confirmed the demand, appropriated the already paid amount, and imposed various penalties. The Appellant appealed against this order.

The Appellant argued that since they paid the entire Service Tax along with interest before the Show Cause Notice was issued, no penalty should be imposed. They relied on a judgment of the Hon’ble High Court of Karnataka in a similar case. The Revenue, on the other hand, supported the findings of the impugned order.

Upon hearing both parties and examining the facts, the Member (Judicial) found that the Appellant started paying Service Tax after registration and had paid the entire amount along with interest before the Show Cause Notice. Referring to Section 73(3) of the Finance Act, 1994, the Member concluded that proceedings against the Appellant should not have been initiated. Citing the judgment of the Hon’ble High Court of Karnataka, the penalties were set aside, and the rest of the impugned order was confirmed. The appeal was disposed of accordingly.