2009 (5) TMI 172 - AT - Service Tax

Interest and penalty - Commissioner (Appeals) has set aside the interest and penalties imposed on the respondents. The penalties imposed on the respondents are under 76, 77 & 78. Such Penalties have been found to be liable to be set aside by the learned Commissioner (appeals) on the ground that the respondent had paid the service tax before the issuance of show cause notice. - We find that respondents being in the rural area, could not have known intricacies of the taxing statutes like the Finance Act 1994 in respect of service tax on cable operators. We find that the learned Commissioner (Appeals), Order of setting aside the penalties imposed under Section 76, 77 and 78 is correct as the respondent have, shown a justifiable cause, for invoking the provisions of Section 80, which the learned Commissioner (Appeals) did so and set aside the penalties. - In sum, the impugned order to the extent it strikes down the interest liability of the respondents is set aside and the impugned order to the extent it sets aside the penalties under Section 76, 77 & 78 is liable to be upheld

Summary

Issues:
Revenue's appeal against setting aside of interest and penalties by the learned Commissioner (Appeals).

Analysis:
The case involved two appeals filed by the Revenue against the Order-in-appeal, where the respondents were providing taxable Cable operator services without registration or payment of service tax. The respondents paid the service tax and interest after being pointed out by the Authorities. A show cause notice was issued proposing demand of service tax, interest, and penalties under Section 76, 77, and 78 of the Finance Act 1994. The adjudicating authority confirmed the demand and penalties, which the respondents appealed. The learned Commissioner (Appeals) upheld the demand but set aside the interest and penalties based on the Tribunal's decision, leading to the Revenue's appeal.

The Revenue argued that the respondents intentionally suppressed information, did not register, pay service tax, or file statutory returns. They contended that setting aside interest and penalties was erroneous as the non-payment spanned three years, even though the respondents paid the tax before the show cause notice. The Revenue sought to uphold the penalties and interest imposed by the adjudicating authority.

In the absence of representation from the respondents, the Tribunal considered the Revenue's submissions and records. The Tribunal noted that the respondents operated as cable operators in a semi-urban area and were unaware of the service tax requirements due to their rural location. The respondents claimed they obtained services from a registered entity and were unaware of their obligations. The Tribunal found the Commissioner (Appeals) correctly set aside the penalties under Section 76, 77, and 78, as the respondents showed justifiable cause under Section 80. Although not explicitly mentioned, the Commissioner (Appeals) effectively invoked Section 80 to waive the penalties, which the Tribunal upheld.

Regarding interest, the Tribunal held that the respondents were liable for not discharging their service tax liability, thus striking down the Commissioner (Appeals) decision to set aside the interest. Consequently, the Tribunal set aside the decision on interest liability and upheld the decision on penalties under Section 76, 77, and 78. The appeals filed by the Revenue were disposed of accordingly, with the operative portion of the Order pronounced in open Court.