2018 (3) TMI 855 - AT - Service Tax

Penalty u/s 77 and 78 - payment of tax with interest on being pointed out - Held that - as soon as, the levy of service tax was known to the respondent, the respondent paid the service tax with interest, the provisions of Section 80 for paid under the Statute to give benefit to the assessee from penalties - Revenue has not come up with the concrete evidence before us that the respondent did not pay service tax with mala fide intentions - penalty not warranted - appeal dismissed - decided against Revenue.

Summary

Issues:

- Appeal against penalty imposed under Sections 77 and 78 of the Finance Act, 1994.

Analysis:

The case involved an appeal by the Revenue against an order where the penalty imposed on the respondent under Sections 77 and 78 of the Finance Act, 1994, was set aside by the learned Commissioner (Appeals). The respondent was providing 'Commercial Training and Coaching' services without paying the corresponding service tax. Upon investigation and issuance of a show cause notice, the respondent paid the entire amount of service tax along with interest. The main contention was whether the respondent had reasonable cause for not paying the service tax initially, thus justifying the benefit under Section 80 of the Act.

Upon hearing the parties and examining the record, it was noted that the respondent claimed they were misinformed by a consultant regarding the applicability of service tax to their activities. Upon becoming aware of the liability, the respondent promptly paid the service tax with interest. The learned Commissioner (Appeals) granted the benefit under Section 80 of the Act based on these grounds. The Tribunal found that the respondent's actions were not malicious and that they had rectified the non-compliance as soon as they were made aware of it. As a result, the penalties under Sections 77 and 78 were rightly dropped by the learned Commissioner (Appeals) in accordance with the provisions of Section 80 of the Act.

The Tribunal upheld the impugned order, dismissing the Revenue's appeal, as it found no evidence to suggest that the respondent had acted with mala fide intentions in not paying the service tax initially. The decision was based on the principle that Section 80 of the Act provides relief to assessees who rectify their non-compliance upon becoming aware of their obligations. The cross-objections were also disposed of in line with the main decision, affirming the dropping of penalties under Sections 77 and 78 of the Act.