2010 (1) TMI 250 - AT - Service Tax

Penalties- Interest on delayed payment- The appellants are engaged in providing the erection, commissioning and installation services, maintenance and repair services, business auxiliary services etc. The appellants filed ST-3 return late for the period April 2006 to September 2006 and further between the period from June 2006 to September 2006. A show cause notice was issued which culminated into an impugned order, whereby the penalties imposed under Sections, 76, 77 of Finance Act, 1994 have been confirmed both relating to the delayed payment of service tax as also late filing of return. Held that- relying upon Board s circular as well as provisions of Section 73(3) of Finance Act, 1994, imposition of penalties under Sections 76 and 77 of Finance Act, 1994 was not warranted. the Appeal is also allowed with consequential relief to the appellant. In the result , the impugned order is set aside and the penalties imposed in the impugned order are also set aside.

Summary

Issues:
Late filing of ST-3 return, delayed payment of service tax, imposition of penalties under Sections 76 and 77 of Finance Act, 1994.

Analysis:
The appellants were engaged in providing various services and had filed their ST-3 return late for the period April 2006 to September 2006, along with delayed payment of service tax. Subsequently, a show cause notice was issued leading to penalties under Sections 76 and 77 of the Finance Act, 1994. The Chartered Accountant representing the appellant argued that as per Section 73(3), once the service tax was paid with interest, no show cause notice should have been issued. He also cited a CBE&C Circular and a Tribunal decision in a similar case to support his contention. On the other hand, the SDR argued that penalties were mandatory as per a High Court decision, especially in cases of late payment and filing of returns.

The Tribunal considered the arguments from both sides and found that the issue was similar to a previous decision involving M/s U.B. Engineering Ltd., where penalties under Sections 76 and 77 were not imposed due to delays in payment and filing, based on the Board's circular and Section 73(3) of the Finance Act, 1994. Given the similarity in facts and the precedent set by the earlier decision, the Tribunal decided to allow the stay petition and the appeal, setting aside the impugned order and the penalties imposed.

In conclusion, the Tribunal ruled in favor of the appellant, setting aside the penalties imposed under Sections 76 and 77 of the Finance Act, 1994, based on the precedent established in a previous case and the provisions of the law.