2025 (1) TMI 1093 - AT - Service Tax

Levy of interest and penalty - short payment of service tax - time limitation - suppression of facts. Levy of penalty u/s 78 of Finance Act 1994 - HELD THAT - From the record of the appeal that audit party pointed out short payment of service tax only on the basis of contracts entered with M/s. Gujarat Alkalies and Chemicals Limited and all the contracts/ work orders were available with them. The classification of the service in this case is also a subject matter of dispute however since the appellant has already deposited the payment of service tax there are no reason to go into this issue. It is found that element which need to be present for invoking provisions of Section 78 are not present in this particular case and therefore the impugned order-in-appeal as well as order-in-original are legally not sustainable in so far as invoking of Section 78 of the Finance Act 1994 is concerned. Demand of interest under Section 75 of FA - HELD THAT - The demand of interest under Section 75 vide show cause notice dated 07.08.2014 on the payment made in 2011 and for the demand which pertains to 2005-06 to 2007-08 is much beyond the normal period of limitation and extended time proviso - Hon ble Gujarat High Court decision in the case of GUJARAT NARMADA FERTILIZERS CO. LTD. VERSUS COMMR. OF C. EX. VADODARA 2010 (7) TMI 857 - CESTAT AHMEDABAD has held that It is settled law that mis-declaration means not declaring something or making an incorrect declaration about something which he is required to declare under the law and not declaring something which is not required to be declared under the law does not constitute mis-declaration. The impugned order-in-appeal is legally not sustainable - appeal allowed.

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

Whether the imposition of interest on the voluntarily paid service tax is justified under Section 75 of the Finance Act, 1994.
Whether the penalty under Section 78 of the Finance Act, 1994, is applicable given the circumstances of the case.
Whether the demand for interest and penalty is time-barred.
Whether the appellant's actions constituted fraud, willful misstatement, or suppression of facts with intent to evade tax.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Imposition of Interest under Section 75

Relevant Legal Framework and Precedents: Section 75 of the Finance Act, 1994, mandates interest on delayed payment of service tax. The appellant cited precedents from the Hon'ble Supreme Court and Gujarat High Court, arguing that interest cannot be imposed without a confirmed demand.
Court's Interpretation and Reasoning: The court noted that the appellant paid the service tax voluntarily before the issuance of the show cause notice, and the demand for interest was raised much later, beyond the normal limitation period.
Key Evidence and Findings: The appellant's voluntary payment of service tax and the timing of the show cause notice were critical. The court found no evidence of fraud or suppression.
Application of Law to Facts: The court applied the legal principles from cited precedents, concluding that the interest demand was not sustainable due to the time-bar and lack of confirmed demand.
Treatment of Competing Arguments: The court considered the department's argument for interest but found it unsupported by evidence of fraud or misstatement.
Conclusions: The demand for interest under Section 75 was deemed unsustainable due to the time-bar and absence of fraud or suppression.

Issue 2: Imposition of Penalty under Section 78

Relevant Legal Framework and Precedents: Section 78 of the Finance Act, 1994, deals with penalties for non-payment of service tax due to fraud, collusion, or willful misstatement. The appellant argued that no such conditions were present.
Court's Interpretation and Reasoning: The court emphasized the need for evidence of intent to evade tax for a penalty under Section 78. It found no such evidence in the appellant's actions.
Key Evidence and Findings: The court found that all transactions were recorded, and there was no willful suppression or misstatement by the appellant.
Application of Law to Facts: The court applied the legal standards for invoking Section 78, concluding that the penalty was unjustified in the absence of fraud or suppression.
Treatment of Competing Arguments: The court rejected the department's assertion of fraud, citing the appellant's transparent record-keeping and voluntary payment.
Conclusions: The penalty under Section 78 was found to be legally unsustainable due to lack of evidence of fraudulent intent.

Issue 3: Time-Bar on Demand for Interest and Penalty

Relevant Legal Framework and Precedents: The court referenced the Gujarat High Court decision on time-barred demands, stressing that demands must be raised within the statutory period unless fraud is proven.
Court's Interpretation and Reasoning: The court found that the demand for interest and penalty was raised beyond the permissible period, with no justification for invoking the extended period.
Key Evidence and Findings: The timing of the show cause notice and lack of evidence for invoking the extended period were pivotal.
Application of Law to Facts: The court applied the legal principles on limitation, determining that the demands were time-barred.
Treatment of Competing Arguments: The court dismissed the department's argument for an extended period due to lack of supporting evidence.
Conclusions: The demands for interest and penalty were invalidated due to being time-barred.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The demand of interest under Section 75... is much beyond the normal period of limitation and extended time proviso."
Core Principles Established: Interest and penalties cannot be imposed without a confirmed demand and evidence of fraudulent intent. Demands must be raised within the statutory period unless justified by proven fraud.
Final Determinations on Each Issue: The court set aside the demands for interest and penalty, concluding they were legally unsustainable due to lack of fraud and being time-barred.

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