2018 (10) TMI 94 - AT - Service Tax

Penalty u/s 76, 77 and 78 of the Finance Act, 1994 - erection, commission and installation services - non-discharge of service tax due to bonafide belief as at that time there was confusion on the taxability of the services relating to transmission of electricity by various Electricity Boards - Held that - There was confusion about taxability of services rendered in relation to transmission and distribution of electricity, which was clarified by issue of Notification No. 45/2010 dated 28.7.2010. It is a fit case to invoke Section 80 of the Finance Act, 1994 - penalty set aside by invoking section 80, without disturbing duty demand - appeal allowed in part

Summary

Issues:
Appeal against Order-in-Appeal regarding Service Tax on erection, commission, and installation services to MSEDCL; Dispute over imposition of penalties under Sections 76, 77, and 78 of the Finance Act, 1994; Invocation of Section 80 of the Finance Act, 1994.

Analysis:
The appeal was filed against an Order-in-Appeal related to the failure to discharge Service Tax on erection, commission, and installation services provided to MSEDCL during 2006-07. The appellants initially failed to pay the Service Tax amount, leading to a show-cause cum demand notice in 2011. After adjudication, the demand was confirmed with interest and penalty. The appeal before the Commissioner (Appeals) was rejected, leading to an appeal before the Tribunal. The Tribunal remanded the matter to consider SSI benefit, but the demand was again confirmed with interest and penalty. The subsequent appeal before the Commissioner (Appeals) partly allowed the appeal, reducing the demand but imposing penalties under Sections 76, 77, and 78 of the Finance Act, 1994.

The appellant contended that they were not required to pay Service Tax on the services provided to MSEDCL, but they had already paid the amount along with interest. They did not dispute the taxability of the services but contested the imposition of penalties under Sections 76, 77, and 78. The confusion regarding the taxability of services related to transmission of electricity during the relevant period was highlighted. The appellant argued for the invocation of Section 80 of the Finance Act, 1994, citing a bona fide cause for not discharging the Service Tax due to the confusion.

The Revenue reiterated the findings of the impugned order, stating that the appellants had not disputed the taxability of the service in the previous litigations. The Tribunal acknowledged the confusion surrounding the taxability of services related to transmission and distribution of electricity, which was clarified by a specific notification. It was found that the appellants were not required to pay Service Tax during the period in question. Therefore, the penalties imposed under Sections 76, 77, and 78 were waived by invoking Section 80 of the Finance Act, 1994. The appeal was partly allowed based on these considerations.

In conclusion, the Tribunal's decision to waive the penalties under Sections 76, 77, and 78 by invoking Section 80 of the Finance Act, 1994, reflected the acknowledgment of the confusion regarding the taxability of services provided to MSEDCL. The appellant's appeal was partly allowed in light of these circumstances.