2009 (9) TMI 227 - AT - Service Tax

Penalty Manpower recruitment The appellant engaged in the in supply of Manpower May not be well versed with the provisions of the service tax act. In this case Tri.-(Bang.) held that penalty under Section 77 is uphold and set aside the penalty imposed under Section 76 and 78.Both the appeals are disposed.

Summary

Issues:
Appeal against order-in-appeal No.99/2008 dated 28-2-2008 regarding Service Tax liability, penalties under Sections 76, 77, and 78 of the Finance Act, 1994.

Analysis:
1. Service Tax Liability: The appellant was issued a show cause notice for non-payment of Service Tax on manpower recruitment services. The adjudicating authority confirmed Service Tax from 1-5-2006, and the ld. Commissioner (Appeals) restricted the amount to Rs.94,501. The Tribunal upheld this decision, stating that the gross amount charged should be considered for Service Tax, and the appellant's deductions were not valid.

2. Penalty under Section 78: The appellant argued that penalties under Section 78 should be set aside as they had paid the Service Tax and interest. The Tribunal agreed, invoking Section 80 sympathetically due to the appellant's lack of awareness as an individual in the service industry. The penalties under Section 78 were set aside, considering the circumstances.

3. Penalty under Section 77: The penalty under Section 77 was upheld by the Tribunal, as it was deemed appropriate in the case despite the other penalties being set aside.

4. Penalty under Section 76: The Revenue appealed against setting aside the penalty under Section 76, but the Tribunal rejected the appeal. It held that since penalties under Section 78 were set aside due to the appellant's lack of awareness, there was no need for additional penalties under Section 76.

5. Final Decision: The Tribunal upheld the Service Tax liability and penalty under Section 77, along with interest. It set aside the penalties under Sections 76 and 78. Both appeals were disposed of accordingly, maintaining the order of the lower authorities.

In conclusion, the Tribunal's decision focused on the Service Tax liability, penalties under different sections of the Finance Act, 1994, and considered the appellant's circumstances in setting aside certain penalties while upholding others. The judgment provided a detailed analysis of each issue raised in the appeals, ensuring a fair and just outcome based on the facts and legal provisions presented.