2018 (10) TMI 970 - AT - Service Tax

Security Agency Services - non-payment of service tax - non-filing of returns - appellant failed to establish his case - Held that - The appellant have not filed any grounds of appeal in support of their contentions except merely saying that Commissioner (Appeals) has erred in law and facts. The bare assertions made in the grounds of appeal have not been supported by any narration about basis or arguments or case laws. Such grossly inadequate pleadings in grounds of appeal do not further the cause of the appellant. Inadequate pleadings show that the appellants have been negligent in defending their case. Besides, they are not interested to pursue the appeal in the manner prescribed by the law i.e. additional evidence is to filed first by way of the miscellaneous application and subjected to judicial scrutiny for its admissibility or otherwise. Appeal dismissed - decided against appellant.

Summary

Issues:
1. Calculation of service tax liability for Security Agency Services.
2. Dispute regarding penalty under Sections 70, 76, 77, and 78 of the Act.
3. Submission of fresh grounds of appeal and non-filing of returns.
4. Adequacy of grounds of appeal and procedural compliance.
5. Applicability of case laws in support of contentions.

Analysis:
1. The case involved the calculation of service tax liability for Security Agency Services provided by the appellants. Investigations revealed discrepancies in tax payments, leading to a demand for the balance amount. The appellants contested the demand, leading to a penalty imposition under various sections of the Act. The adjudicating authority recalculated the tax liability, leading to a revised demand and penalty imposition.

2. The main point of contention was the penalty imposed under Sections 70, 76, 77, and 78 of the Act. The appellants disputed the penalty, citing issues with non-filing of returns under Section 78. The plea was based on technical difficulties faced during the filing process, leading to manual submissions. The dispute over the penalty formed a significant part of the appeal before the Tribunal.

3. During the appeal process, the appellants submitted fresh grounds of appeal, admitting previous mistakes. The appellants clarified that they were not contesting the tax liability but were disputing the penalty. The argument centered around the non-filing of returns under Section 78 due to technical issues faced during the filing process, which led to manual submissions.

4. The Tribunal noted the inadequacy of the grounds of appeal submitted by the appellants. The lack of detailed arguments, basis, or supporting case laws hindered the appellant's case. The Tribunal emphasized the importance of following proper procedures for submitting additional grounds of appeal, as prescribed in the CESTAT Rules. Failure to adhere to the procedural requirements and lack of specific written pleadings led to the dismissal of the appeal.

5. The Tribunal considered the arguments presented by both sides and reviewed the case laws cited by the Revenue's representative. The Tribunal highlighted the necessity of comprehensive written pleadings to support contentions and the relevance of following established procedures for filing appeals and submitting additional evidence. The judgment emphasized the importance of procedural compliance and the need for detailed legal arguments to support appeals effectively.