2014 (7) TMI 368 - AT - Service Tax

Waiver of Penalty - Management maintenance and repair service - Held that - Appellant was paying service tax on the activity he believed to be liable to tax on construction service and as soon as the omission was pointed out, the appellant paid the tax with interest and also taking note of the submission that appellant is a chemical engineer, we consider that there is reasonable cause for non-payment of tax during the period. Accordingly, the penalty imposed on the appellant is set aside by invoking provisions of Section 80 of the Finance Act 1994 - Decided in favour of assessee.

Summary

Issues: Liability for service tax on construction services, waiver of predeposit requirement, imposition of penalty, application of Section 80 of the Finance Act 1994

In this judgment by the Appellate Tribunal CESTAT Bangalore, the appellant, registered for management maintenance and repair services, was found to be providing construction services without paying service tax. The appellant admitted the liability upon notification and paid the entire amount of service tax and interest. The issue revolved around the imposition of penalty and appropriation of the amount already paid due to the non-payment of service tax on construction services. The appellant, a chemical engineer without professional qualifications in tax matters, believed he was not liable to pay service tax on construction services. Both the original and appellate authorities found that service tax had been collected, although the appellant had not collected it. The tribunal considered the appellant's bonafide belief, prompt payment upon notification of liability, and the fact that he was paying tax on activities he believed were taxable. Consequently, the penalty imposed on the appellant was set aside by invoking Section 80 of the Finance Act 1994, citing reasonable cause for the non-payment of tax during the period. The tribunal waived the predeposit requirement and proceeded to consider the appeal in its entirety, ultimately disposing of it without the need for predeposit. The judgment highlights the importance of reasonable cause and bonafide belief in tax matters, especially when promptly rectifying any omissions upon notification of liability.