2018 (8) TMI 244 - AT - Service Tax

Penalty - the entire Service Tax amount demanded in the impugned order has already been deposited by the appellant along with applicable interest even before the issue of SCN - Time limitation - Held that - It is seen that the entire account of Service Tax has been paid along with applicable interest prior to Show Cause Notice - there is no justification for penalty - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Whether the demand for Service Tax beyond the prescribed time limit is justified.
2. Whether the imposition of penalties under various sections is justified.
3. Whether the demand made in the Show Cause Notice falls within the allowed period under Section 73.

Analysis:
1. The appeal challenged an Order-in-Original where the appellant, engaged in construction activities, was found to have failed to pay Service Tax for a specific period. The demand for Service Tax was ordered amounting to ?29,30,144/- along with interest and penalties. However, the entire Service Tax amount had already been paid by the appellant before the issuance of the show cause notice. The appellant argued that the demand was raised for a period beyond the statutory time limit under Section 73 of the Finance Act, 1994. The Tribunal noted that the demand was indeed beyond the prescribed time limit and set aside the penalties based on previous tribunal decisions.

2. The appellant contended that since the Service Tax had been paid along with applicable interest before the show cause notice was issued, there was no justification for the imposition of penalties under various sections. The Tribunal, after hearing both sides and examining the records, found no valid reason for the imposition of penalties. Citing earlier tribunal decisions, the penalties were set aside, aligning with precedents like Commissioner of Central Excise, Customs & Service Tax V/s M/s Stumpp Schuele & Somappa Pvt. Ltd. and M/s SRM Engineering Construction Ltd.

3. The Revenue justified invoking the extended period under Section 73 and argued that the demand made in the Show Cause Notice fell within the allowed period. However, the Tribunal disagreed and noted that the demand was indeed beyond the prescribed time limit. Consequently, the impugned order was modified to set aside the penalty, and the appeal was allowed on those terms.

This comprehensive analysis of the judgment highlights the key issues raised, the arguments presented by both parties, and the Tribunal's decision based on legal provisions and precedents.