2016 (11) TMI 241 - AT - Service Tax

Imposition of penalties - Manpower Recruitment and Supply Agency Services - invocation of Section 73(3) of the Finance Act, 1994 - Held that - the appellant has discharged the entire service tax liability and part interest thereof before the issuance of show-cause notice and the balance interest was deposited as per the direction of the Tribunal in stay order No. S/1344/13/CSTB/C-I dated 24.09.2013. I find strong force in the contention raised by the learned Counsel that the issue is covered by the provisions to Section 73(3) of the Finance Act, 1994 as the demand is within the limitation. Accordingly, the service tax liability and interest thereof as confirmed by the lower authorities are upheld and the penalties are set aside - appeal disposed off - decided partly in favor of appellant.

Summary

Issues:
Penalties imposed for non-discharge of service tax liability for the period April 2009 to March 2010 on Manpower Recruitment and Supply Agency Services.

Analysis:
The appeal before the Appellate Tribunal CESTAT MUMBAI challenged the penalties imposed on the appellant for failing to discharge service tax liability for services provided to a specific company. The appellant argued that they had paid the service tax liability and part of the interest before the show-cause notice was issued. The remaining interest was deposited following the Tribunal's direction. The appellant cited a similar case related to maintenance and repair services where penalties were set aside under Section 73(3) of the Finance Act, 1994. The Revenue department supported the lower authorities' findings.

Upon reviewing the submissions and records, the Member (Judicial) found that the appellant had fulfilled the service tax liability and part of the interest before the show-cause notice. The remaining interest was also paid as per the Tribunal's direction. Considering the provisions of Section 73(3) of the Finance Act, 1994 and the precedent set by a previous case, the Member set aside the penalties imposed. The service tax liability and interest confirmed by the lower authorities were upheld, while the penalties were annulled. The decision was based on the Tribunal's previous ruling and the applicability of Section 73(3) to the current case.

In conclusion, the appeal was disposed of with the penalties being set aside based on the provisions of Section 73(3) of the Finance Act, 1994. The service tax liability and interest were upheld, and the decision aligned with the precedent established in a similar case.