2008 (1) TMI 133 - AT - Service Tax

Penalty enhanced in revision order - appellant paid the Service Tax prior to 2004 with interest under amnesty scheme as per Sec. 80 no penalty is imposable u/s 76 if reasonable cause for the said failure is shown - as the new levy was introduced in the year 2002 and the default was for the period 2002 to 2003, therefore, the appellant deserves a lenient view - in view of tribunal decision in M/s Centrum Travels Pvt. Ltd, as tax deposited prior to SCN, enhancement of penalty is not sustaibable

Summary

Issues:
1. Enhancement of penalties under Section 76 of Finance Act for delay in payment of Service Tax.
2. Power of Commissioner of Central Excise to enhance penalties without demand in show-cause notice.
3. Applicability of Tax Friendly Scheme and reasonable cause for failure to deposit Service Tax.

Analysis:
1. The appellant challenged the enhancement of penalties under Section 76 of the Finance Act for delay in payment of Service Tax. The Commissioner of Central Excise had increased the penalty to Rs. 100 per day after issuing a show-cause notice under Section 84(2) of the Finance Act. The appellant contended that penalties were imposed even though the Service Tax, along with interest, was paid prior to the show-cause notice. The appellant cited previous tribunal decisions to support their argument against the penalty enhancement.

2. The appellant argued that the Commissioner of Central Excise lacked the authority to enhance penalties without a demand in the show-cause notice. They relied on a specific tribunal ruling to emphasize this point. However, the tribunal found that the situation in the cited case was different as there was no demand or interest mentioned in the initial show-cause notice. In the present case, penalties were proposed in the notice, leading to a different interpretation of the law.

3. The appellant also raised the issue of the Tax Friendly Scheme introduced in 2004, which provided relief from penalties for Service Tax defaulters who paid their liabilities by a specified date. They argued that being an Event Manager with operations outside Punjab, they had a reasonable cause for the delay in tax payment. Citing another tribunal decision that considered the Tax Friendly Scheme, the appellant sought leniency based on these grounds. The tribunal agreed with the appellant's arguments, considering the new levy introduced in 2002 and the timely payment of Service Tax with interest before 2004. Consequently, the tribunal set aside the penalty enhancement, ruling in favor of the appellant.