2018 (3) TMI 1426 - HC - Central Excise

Non levy of penalty - section 80 of the Finance Act, 1994 - non-payment of tax for ignorance of law - Held that - the appellant was under bonafide beleif regarding rate of service tax - the adjudicating authority was correct in coming to the conclusion that penalty, in these kind of matters wherein question of interpretation involved, does not arise and invoking the provisions of Section 80 is very correct and needs to be appreciated - appeal dismissed - decided against Revenue.

Summary

Issues: Non-levy of penalty under section 80 of the Finance Act, 1994

Analysis:
1. The appellant argued that ignorance of the law cannot justify non-payment of tax, emphasizing that non-payment or short payment of tax should attract a penalty. The appellant contended that the authorities failed to interpret the provisions correctly.
2. The show cause notice was issued to the assessee regarding the short payment of service tax, education cess, and SHE cess on "Management, Maintenance or Repair service." The notice also mentioned interest for delayed payment and the imposition of a penalty under Section 78 of the Finance Act.
3. The adjudicating authority confirmed the show cause notice regarding the short payment and interest but did not impose a penalty under Section 78 of the Finance Act.
4. The Customs, Excise and Service Tax Appellate Tribunal upheld the order, noting that there was confusion regarding the rate of tax due to changes during the financial year. The Tribunal found that the short payment was not deliberate, considering the enhancement of service charges and the change in the rate of service tax.
5. The Tribunal waived the penalty under Section 80, stating that in cases involving interpretation issues, the penalty does not apply. The High Court agreed with this interpretation, finding no error in the orders passed by the authorities.

In conclusion, the High Court dismissed the appeal, stating that no substantial question of law arose, and upheld the decision of the authorities regarding the non-levy of penalty under section 80 of the Finance Act, 1994.