2018 (8) TMI 1457 - AT - Service Tax

Imposition of penalty - non-payment of Service Tax - GTA Services - reverse charge mechanism - period 01.01.2005 to 31.03.2006 - Held that - The discharge of service tax liability on GTA services under reverse charge mechanism introduced from 01.01.2005 was challenged at various levels had created confusion in the Trade. It is to be noted the TRU Circular dated 17.12.2004 also states of non-imposition of penalty if the services rendered by GTA up to 31.12.2004. Penalties set aside by invoking section 80 - appeal allowed - decided in favor of appellant.

Summary

Issues: Penalty imposition for non-discharge of service tax liability under reverse charge mechanism of services received from goods transport agency for the period 01.01.2005 to 31.03.2006.

The judgment pertains to an appeal against Order-in-Appeal No. 56/2009 (H-II) S. Tax dated 30.07.2009. The issue raised in the appeal concerns the penalty imposed by the First Appellate Authority on the appellants for not discharging their service tax liability under the reverse charge mechanism for services received from a goods transport agency during the period from January 1, 2005, to March 31, 2006. The appellants had claimed a 75% abatement of the total amount before the Adjudicating Authority, which was initially denied but later granted by the First Appellate Authority along with the confirmation of the remaining 25% of the freight charges, interest, and an equivalent penalty. The appellants argued that they had discharged the entire service tax liability, and due to confusion surrounding the introduction of the reverse charge mechanism from January 1, 2005, the penalties should be set aside invoking the provisions of Section 80 of the Finance Act, 1994. The Departmental Representative contended that despite knowledge of the discharge requirement, the appellants failed to comply, justifying the penalties imposed.

After considering the submissions from both sides, the Tribunal found merit in the argument presented by the appellants' counsel regarding the confusion surrounding the discharge of service tax liability on goods transport agency (GTA) services under the reverse charge mechanism introduced from January 1, 2005. The Tribunal noted that the TRU Circular dated December 17, 2004, specified the non-imposition of penalties for services rendered by GTAs up to December 31, 2004. Given the challenges and confusion in the trade regarding the new mechanism, the Tribunal invoked the provisions of Section 80 of the Finance Act, 1994, to set aside the penalties imposed by the First Appellate Authority. Consequently, the penalties were revoked, and the impugned order was modified accordingly, leading to the disposal of the appeal in favor of the appellants. The decision was made to provide relief to the appellants due to the circumstances surrounding the introduction of the reverse charge mechanism and the subsequent confusion in the industry.

This detailed analysis of the judgment highlights the key issues related to penalty imposition for non-discharge of service tax liability under the reverse charge mechanism for services received from a goods transport agency during a specific period. The judgment showcases the application of relevant legal provisions and considerations to address the confusion and challenges faced by the appellants in complying with the tax requirements, ultimately leading to a favorable outcome for the appellants in setting aside the penalties imposed by the lower authority.