2005 (7) TMI 20 - AT - Service Tax

Penalty(Service tax)- Alleged that failure of Service tax deposit by the appellant - On observation find that no suppression of fact to evade payment of service tax - Penalty set aside

Summary

Issues: Penalty under Section 76 of the Finance Act, 1994 for failure to deposit service tax by a "Rent-a-cab operator" during a specific period.

1. Issue 1: Challenge to Penalty Imposed
The appeal challenges a penalty of Rs. 1,47,052/- under Section 76 of the Finance Act, 1994, on the grounds of failure to deposit service tax by a "Rent-a-cab operator" between 4-4-2000 to 27-10-2000.

2. Issue 2: Bona Fide Belief and Compliance
The advocate for the appellants argued that until 31-3-2000, the services were exempted under a specific notification. The appellants believed in good faith that the services remained exempt even after the notification expired. Upon being informed by the revenue, they promptly deposited the tax along with interest. The Commissioner (Appeals) noted the absence of evidence suggesting intentional evasion and set aside other penalties. The advocate referred to a precedent where a bona fide doubt justified non-payment of tax under Section 80 of the Finance Act, 1994.

3. Issue 3: Application of Precedent and Decision
The appellate authority acknowledged the appellants' bona fide belief. Citing the precedent, the Tribunal held that no penalty should be imposed, extending the benefit of Section 80 of the Finance Act, 1994. The penalty was set aside while confirming the service tax liability with interest. The judgment emphasized the importance of bona fide belief and compliance with tax obligations.

In conclusion, the Tribunal ruled in favor of the appellants, setting aside the penalty imposed under Section 76 of the Finance Act, 1994, due to their bona fide belief and prompt compliance upon notification. The judgment highlighted the significance of good faith actions in tax matters and referenced relevant precedents to support the decision. The appeal was disposed of with the confirmation of the service tax liability and interest, emphasizing the importance of adherence to tax laws while recognizing genuine misunderstandings in compliance.