2010 (4) TMI 546 - AT - Service Tax

Penalty - The respondent was registered as an assessee for rendering commercial training and coaching services . It was found that they have not paid service tax till 25-1-2006. Commissioner (Appeals) without giving its findings set aside penalty only on the ground that assessee had paid service tax due before issue of SCN. Held that - Commissioner (Appeals) is not justified thus remand back the matter.

Summary

Issues:
Department's appeal against Commissioner (Appeals) order regarding penalty imposition for non-payment of service tax before investigation.

Analysis:
The case involved an appeal by the Department against the order of the Commissioner (Appeals) regarding penalty imposition for non-payment of service tax by the respondent before the investigation commenced. The respondent was registered for providing 'commercial training and coaching services' but had not paid service tax until the investigation started. The respondents paid the service tax during January, March, and partly in August 2006 after the investigation began. The original authority imposed penalties, which were set aside by the Commissioner (Appeals) on the grounds that the service tax was paid before the show-cause notice was issued. The Department disputed the claim that the entire amount was paid before the notice and argued that paying service tax before the notice does not absolve the penalty imposition, citing a judgment from the High Court. The Chartered Accountant representing the respondent argued for the application of section 80 of the Finance Act to avoid penalties and questioned the justification for separate penalties under sections 76 and 78. The Commissioner (Appeals) did not address the section 80 claim but provided relief on other grounds.

Upon careful consideration of the submissions, the Technical Member noted that the Commissioner (Appeals)'s reasoning for not imposing the penalty was not justified. However, the claim regarding section 80 and the issue of separate penalties under sections 76 and 78 raised by the Chartered Accountant were deemed relevant and had not been adequately considered by the Commissioner (Appeals). Consequently, the Technical Member decided to set aside the order of the Commissioner (Appeals) and remand the matter for fresh consideration, ensuring both parties are given a reasonable opportunity to present their case. The appeal was allowed by way of remand, indicating a need for a reevaluation of the penalty imposition issue by the Commissioner (Appeals) with a more comprehensive review of the relevant legal provisions and arguments presented by both sides.