2012 (9) TMI 338 - AT - Service Tax

Short payment of service tax - penalty u/s 70 & 76 - Held that - As the appellants are not contesting the levy of Service Tax nor imposition of penalty under section 70 for delay in filing of ST-3 return but contested only against levy of penalty u/s 76 need to be set aside as the applicant could not pay the Service Tax due to reasonable belief that since their value of taxable service is Rs.8 lakhs therefore there was a reasonable cause for failure to pay Service Tax which they have already paid.

Summary

Issues:
- Challenge against the demand of Service Tax and penalties under sections 70 and 76.
- Interpretation of Section 80 of the Finance Act, 1994 regarding the imposition of penalties in certain cases.

Analysis:
The case involved an appeal against the Order-in-Appeal upholding the demand of Service Tax and penalties for not furnishing ST-3 return in time. The appellant, providing maintenance or repair services, argued that they were not liable to pay Service Tax as their taxable income was below Rs.8 lakhs. The appellant contended that there was a reasonable cause for their failure to pay Service Tax, seeking relief under Section 80 of the Finance Act, 1994.

Upon review, the Tribunal noted that the appellants did not contest the levy of Service Tax or the penalty for delay in filing the ST-3 return. The crucial point of contention was the penalty under Section 76, which the appellants sought to avoid under the provisions of Section 80 of the Finance Act, 1994. Section 80 states that no penalty shall be imposed if the assessee proves a reasonable cause for the failure in question.

The Tribunal found merit in the appellant's argument, acknowledging their reasonable belief that they were not required to pay Service Tax due to their taxable income being below the threshold. As the appellants had already paid the Service Tax and demonstrated a reasonable cause for their failure, the penalty under Section 76 was set aside. Consequently, the Tribunal allowed the appeal, overturning the Order-in-Appeal and granting relief to the appellants as per the provisions of Section 80 of the Finance Act, 1994.