2018 (4) TMI 227 - AT - Service Tax

Penalty - payment of tax with interest before issuance of SCN - non-profit making organization - Held that - the appellant is a non-profit making organization and they had a bona fide belief that they are not liable to pay service tax as they are a society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955 - appellant paid the service tax before the issue of SCN which shows their bona fide - penalty set aside - appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against rejection of appeal on service tax for 'club or association services' and 'business exhibition services' - imposition of penalty under Section 78 - Whether payment of service tax with interest before show-cause notice precludes penalty imposition.

Analysis:
The appellant, engaged in 'club or association services' and 'business exhibition services,' faced a show-cause notice demanding payment under these categories for the period 2005-06 to 2009-10. The adjudicating authority confirmed the demand, imposed penalties under Section 78, and dropped penalties under Sections 76 and 77. The appellant appealed, arguing that the order contradicted binding judicial precedent and that they had paid the entire service tax due with interest before the notice. The appellant, a non-profit organization registered under a specific act, believed they were exempt from service tax due to their charitable nature and government grants. Citing various decisions, the appellant contended that the intention to evade tax was absent.

The appellate tribunal considered that the service tax with interest was paid well before the show-cause notice, with only a minor interest shortfall later rectified. Recognizing the appellant's genuine belief in their tax exemption as a charitable society, the tribunal found their actions bona fide. Relying on precedent, the tribunal held that if tax and interest are paid before the notice, penalty under Section 78 is not applicable. Consequently, the tribunal allowed the appeal, setting aside the impugned order and granting the appellant relief under Section 80 of the Finance Act.

In conclusion, the tribunal's decision hinged on the timely payment of service tax with interest before the show-cause notice, the appellant's charitable status, and their honest belief in tax exemption. By aligning with established case law, the tribunal absolved the appellant of penalty under Section 78, underscoring the importance of timely compliance and genuine intent in tax matters.