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2019 (6) TMI 202 - AT - Service TaxValuation - Mandap Keeper Services - inclusion of various amounts collected i.e. generator charges, electricity, cleaning and maintenance in the assessable value - HELD THAT - As the appellant is not able to produce any documents indicating that they are reimbursement charges; in the absence of such documents, we uphold the demands raised on these charges received by the appellant. Time Limitation - HELD THAT - In the absence of any documents that appellant had declared these amounts to be reimbursement charges, the claim of limitation by the learned counsel also fails. Penalty u/s 78 of FA - HELD THAT - The Commissioner (Appeals) in the impugned order has explicitly recorded that appellant are of high social status and render philanthropic services without profit motive. He also records that they have not collected the service tax on disputed charges and could have entertained a bonafide belief that no tax is payable. Coming to such a conclusion he set aside the penalty imposed under Section 76 of the Finance Act 1994 - same findings will also apply for the penalty imposed under Section 78 of the Finance Act 1998. Appeal disposed off.
Issues: Liability to pay service tax during 2000-2001, 2004-05 under Mandap Keeper Services; Limitation of the demand; Penalty under Section 76 and Section 78 of the Finance Act 1994.
The judgment by the Appellate Tribunal CESTAT Hyderabad involved a case where the issue was the liability to pay service tax during the years 2000-2001 and 2004-05 under Mandap Keeper Services. The Tribunal noted that this was the second round of litigation before them. In the previous round, the show-cause notice was confirmed for non-discharge of service tax liability on various charges, and the matter was remanded back for a full perspective consideration, including the limitation angle. The impugned order granted relief to the appellant by reducing the taxable value for certain charges but upheld the tax liability for others, which was also confirmed by the 1st Appellate Authority. Regarding the limitation of the demand, the Tribunal found that the demand of service tax on charges like generator charges, electricity, cleaning, and maintenance should be included in the assessable value as the appellant failed to produce documents indicating these were reimbursement charges. Therefore, the claim of limitation by the appellant was deemed to fail due to the absence of such documents. On the issue of penalty under Section 76 and Section 78 of the Finance Act 1994, the Commissioner (Appeals) acknowledged the appellant's philanthropic nature and lack of profit motive. It was noted that the appellant had not collected service tax on disputed charges and could have genuinely believed that no tax was payable. Consequently, the penalty under Section 76 was set aside, and the Tribunal applied the same reasoning to set aside the penalty under Section 78 as well. The Tribunal directed the appellant to discharge the service tax liability along with interest by a specified date and produce compliance before the adjudicating authority. Upon compliance, the penalty under Section 78 was set aside, invoking the provisions of Section 80 of the Finance Act 1994. The appeal was disposed of under these conditions, with the penalty being set aside as indicated in the judgment.
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