2009 (8) TMI 634 - AT - Service Tax

Appeal before tribunal seeking adjournment Held that - Under the law no appellant can be given more than three adjournments whereas the appellants have already taken four adjournments. No one is also present today on behalf of the appellants despite notice taken by them. As such the request for further adjournment is not reasonable and the same is rejected. - the penalty imposed under Section 78 of the Act sustained penalty under Section 76 of the Act set aside

Summary

Issues:
1. Excessive adjournments sought by the appellants.
2. Validity of penalty imposed under Section 76 and 78 of the Finance Act, 1994.
3. Applicability of proviso to Sec. 73(1) of the Finance Act, 1994 regarding commissions earned.

Analysis:
1. The judgment addresses the issue of excessive adjournments sought by the appellants. The tribunal notes that the appellants have already been granted four adjournments, exceeding the permissible limit of three under the law. Despite no representation from the appellants and previous notices, the request for further adjournment is deemed unreasonable and rejected.

2. The validity of the penalty imposed under Section 76 and 78 of the Finance Act, 1994 is examined. The tribunal acknowledges that an amendment has been made under the law, rendering penalties under these sections mutually exclusive. Consequently, the penalty imposed under Section 76 is set aside, while the penalty under Section 78 is sustained. The decision is based on the findings of the original authority regarding the appellants' failure to disclose commissions earned from various sources in their tax returns, leading to the imposition of penalties.

3. The judgment also delves into the applicability of the proviso to Sec. 73(1) of the Finance Act, 1994 concerning commissions earned. The tribunal upholds the demand for tax along with interest against the appellants, emphasizing that the proviso applies due to the appellants' non-disclosure of commissions earned in their taxable service returns. The suppression of this information establishes the liability for payment of service tax on commissions earned for an extended period, warranting penalties under Sections 76 and 78 of the Act.

In conclusion, the appeal is largely rejected, except for the setting aside of the penalty imposed under Section 76 of the Finance Act, 1994. The judgment highlights the importance of compliance with tax laws and the consequences of non-disclosure or suppression of relevant financial information.