2019 (3) TMI 1394 - AT - Service Tax

Penalty u/s 77 and 78 of FA - GTA Services - Held that - During the relevant period, many amendments had been brought forth in the levy of service tax with regard to GTA Services and several Notifications were also issued. The appellant s contention that they were under the bona fide belief that they will come within the small consignment sections can therefore be accepted - Section 80 of the Finance Act, 1994 invoked to set aside the penalties imposed under Sections 77 and 78 of the Act ibid - the demand or interest thereon is upheld - appeal allowed in part.

Summary

Issues:
1. Non-payment of service tax for Goods Transport Agency (GTA) services from 01.01.2005 to 30.09.2007.
2. Dispute regarding small consignment relief and abatement notifications.
3. Imposition of penalties under Sections 77 and 78 of the Finance Act, 1994.

Analysis:
1. The appellants, a partnership firm dealing with trading of Articles of Iron and Steel, were found to have not discharged the proper service tax for GTA services from 01.01.2005 to 30.09.2007. A Show Cause Notice was issued, demanding duty along with interest and penalties. The Original Authority confirmed the demand after giving cum-tax benefit and imposed equal penalty. The Commissioner (Appeals) upheld the decision, leading to the appeal.

2. The appellant claimed small consignment relief under Notification No. 34/2004 and 75% abatement under Notification No. 01/2006-ST dated 01.03.2006. The authorities did not grant these reliefs, only considering the cum-tax plea. The appellant argued that due to the confusion regarding service tax liability for GTA services during the relevant period, they had not discharged the tax. The appellant's consultant requested setting aside of penalties.

3. The appellant's consultant argued that a substantial amount of the service tax liability had been paid, and due to various amendments and notifications related to service tax on GTA services during the relevant period, the appellant believed they qualified for small consignment relief. Considering this, Section 80 of the Finance Act, 1994 was invoked to set aside the penalties under Sections 77 and 78 of the Act, without disturbing the demand or interest.

4. The Tribunal modified the impugned Order by setting aside the penalties imposed under Sections 77 and 78 of the Finance Act, 1994, while upholding the demand and interest. The appeal was partly allowed in these terms.