2019 (3) TMI 1507 - AT - Service Tax

Penalty - service tax with interest paid on being pointed out - sub-section (3) of section 73 of FA - rent-a-cab service - bonafide belief - Held that - The appellant has discharged the service tax along with interest before issuance of the show cause notice - As per sub-section (3) of section 73, when service tax along with interest is paid up by the assessee, on being pointed out by the officers, no penalties are to be imposed - penalty set aside - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Failure to pay service tax on reverse charge mechanism for rent-a-cab service.
2. Imposition of penalties despite payment of service tax along with interest before show cause notice.

Analysis:
1. The appellant, a Government of Tamil Nadu undertaking, failed to pay service tax on reverse charge mechanism for rent-a-cab service from 1.7.2012 to 30.9.2016, leading to show cause notices demanding service tax of ?2,00,624 along with interest and penalties. The original authority confirmed the demand and imposed penalties under sections 78, 77(1)(a), and 77(2) of the Finance Act, 1994. The Commissioner (Appeals) upheld the decision, prompting the appellants to appeal to the Tribunal.

2. The appellant's counsel argued that the activity of the appellant fell under the negative list of services during the disputed period, and they were under the bona fide belief that they were not liable to pay service tax on rent-a-cab service. Upon realizing their obligation under reverse charge mechanism, they paid the service tax and interest. Subsequently, a show cause notice was issued proposing further demands and penalties. The counsel contended that since the appellant paid the service tax and interest upon being informed by officers, penalties should not have been imposed, citing a relevant decision.

3. The Assistant Commissioner supported the penalties imposed in the impugned order.

4. After hearing both parties, the Tribunal noted that the appellant had paid the service tax and interest before the show cause notice was issued. In accordance with section 73(3) of the Finance Act, when the assessee pays the service tax and interest upon being informed by officers, no penalties should be imposed. Relying on a cited decision, the Tribunal concluded that the penalties imposed were unwarranted and set them aside. The impugned order was overturned, and the appeal was allowed with any consequential relief.

This judgment highlights the importance of compliance with tax obligations, the consequences of non-payment, and the legal provisions protecting taxpayers who rectify their errors promptly upon notification by tax authorities.