2008 (3) TMI 82 - AT - Service Tax

Appellant, individual providing Man Power Recruitment Agency Services - Amendment w.e.f. 16.6.05, when word commercial concern was substituted by any person , brought impugned services by an individual under Tax net - in the present case the demand is made from April 2005 to Sept. 2005 - penalty imposed on ground that appellant failed to file returns for period April to Sept. 2005 - issue of late filing of returns for the period prior to 16.6.05 requires reconsideration matter remanded

Summary

Issues:
Challenge to imposition of penalties under Section 76 and 77 of the Finance Act for Man Power Recruitment Agency Services; Interpretation of the Finance Act amendment effective from 16.6.2005 changing "commercial concern" to "any person"; Failure to file necessary returns and pay Service Tax on time; Lack of response to show cause notice by the appellant.

Analysis:
The appellant contested the penalties imposed under Section 76 and 77 of the Finance Act concerning Man Power Recruitment Agency Services. The appellant argued that the demand was related to services provided as an individual, not a commercial concern. It was highlighted that the Finance Act was amended on 16.6.2005, replacing "commercial concern" with "any person" for the service in question. Therefore, the liability to pay Service Tax as an individual commenced from 16.6.2005, while the demand in this case was for the period from April 2005 to September 2005. The appellant emphasized that any late filing of returns prior to 16.6.2005 should not be considered, as the amendment changed the scope of taxation. This crucial aspect was not duly addressed by the lower authority.

The Revenue, on the other hand, contended that the appellant did not respond to the show cause notice or present before the adjudicating authority to clarify the situation. Despite the lack of response, the demand was upheld by the Revenue. However, the appellate tribunal recognized the appellant's argument regarding the amendment to the Finance Act and its impact on the liability for Service Tax. Considering the change in the definition from "commercial concern" to "any person," the tribunal found merit in the appellant's plea that the issue of late filing of returns for the period before 16.6.2005 needed further examination by the adjudicating authority.

Consequently, the tribunal set aside the impugned order imposing penalties and remanded the matter back to the adjudicating authority for a fresh decision on the penalty issue. The adjudicating authority was directed to reevaluate the penalty after providing an opportunity for the appellant to present their case. This decision aimed to ensure a fair consideration of the appellant's position in light of the amended provisions of the Finance Act, particularly concerning the liability for Service Tax as an individual providing labor services.

In conclusion, the judgment highlighted the significance of the legislative amendment and the need for a thorough assessment of the appellant's liability in accordance with the revised provisions. The case underscored the importance of proper interpretation of statutory changes and their implications on tax liabilities, emphasizing the need for a fair and comprehensive review of penalty impositions in alignment with the amended legal framework.