2018 (8) TMI 484 - AT - Service Tax

Penalty u/s 76, 77 and 78 of FA - non-payment of service tax along with Interest - appellant, an organised sector under Government of India - Held that - It is on record that the Respondent failed to pay service tax on the services rendered by them during the period in question, which is not in dispute that the Respondent has rendered the taxable services under Scientific and Technical Consultancy Services , which is taxable as per Sub-section 105 of Section 65 of the Act. It is fact that the Respondent has failed to take registration under Section 69 of the Act as well as also did not make payment as required under Section 68 read with Rule 6 of Service Tax Rules, 1994. Also no service tax return as per Section 70 of the Act read with Rule 7 of the Rules, has filed by the Respondent and therefore, they are liable to pay service tax along with interest and penalty. It is also fact that during this period, the respondent has not collected any service tax from their clients and agreed to pay the amount from the Suspense Account of Ministry of Mines under which they are functioning. It is also not in dispute that the respondent is organized under the Government of India under Ministry of Mines. They have under the bonafide belief, failed to pay the service tax, which is not payable by the respondent on the services rendered by them and not collected from their clients - After knowing that they are liable to pay service tax and they have taken the registration and started to follow the procedure and Rules in respect of payment of service tax and started paying the same. No malafide can be attributed to the respondent, who is organized under Government of India. Penalty not warranted - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Non-imposition of penalty under Sections 76, 77, and 78 of the Finance Act, 1994 by applying Section 80.
2. Failure to deposit service tax and Education Cess by the Respondent.
3. Taxability of "Scientific and Technical Consultancy Services" under the Finance Act, 1994.
4. Failure to pay service tax under the said consultancy services.
5. Dispute over penalty imposition by the Adjudicating Authority.

Analysis:

Issue 1: The appeal was filed by the Revenue challenging the decision of the Adjudicating Authority for not imposing penalties under Sections 76, 77, and 78 of the Finance Act, 1994, based on the application of Section 80. The Revenue contended that penalties should have been imposed as per the show-cause notice due to the non-payment of service tax during the relevant period.

Issue 2: The case involved the Respondent, M/s Geological Survey of India, failing to deposit service tax and Education Cess amounting to significant sums during a specific period. The issue revolved around the non-payment of these amounts under the relevant provisions of the Finance Act, 1994, along with accrued interest.

Issue 3: The dispute also centered on the taxability of services provided by the Respondent under "Scientific and Technical Consultancy Services," falling under the purview of Section 65(92) of the Finance Act, 1994. The question of whether these services were subject to service tax and Education Cess obligations was a key aspect of the case.

Issue 4: It was established that the Respondent had indeed failed to pay the service tax concerning the "Scientific and Technical Consultancy Services," as required by law. The Respondent's failure to register under Section 69, make payments under Section 68, file service tax returns under Section 70, and comply with relevant rules led to the non-payment issue.

Issue 5: The Tribunal examined the Respondent's case, noting that the failure to pay service tax was not deliberate malfeasance but rather due to a genuine belief that the services provided were not subject to tax. The Respondent, being a government organization under the Ministry of Mines, rectified the situation upon realizing their obligations, registering, and commencing payment procedures. Consequently, the Tribunal upheld the decision not to impose penalties under Sections 76, 77, and 78, invoking Section 80 of the Act, and dismissed the Revenue's appeal.