2022 (10) TMI 877 - AT - Service Tax

Levy of penalty u/s 77 and 78 of FA - Business Auxiliary Service - amount has been received by the appellant as commission from Amway and Britt - amount of tax already paid by the assessee - HELD THAT - The proceedings should have been concluded before issuance of the show cause notice. The penalties imposed are set aside - Service Tax as confirmed in the Adjudication Order need not be confirmed - appeal allowed.

Summary

Issues:
1. Imposition of penalties under sections 77 and 78 by the Ld. Commissioner of CGST & CX.
2. Dispute regarding Service Tax demand for the period 2006-07 to 2010-11.
3. Interpretation of whether commission received from network marketing companies is liable to Service Tax.
4. Application of the extended period of limitation in the present case.
5. Appeal against penalties imposed by the First Appellate Authority.

Analysis:
The judgment by the Appellate Tribunal CESTAT Kolkata involved an appeal challenging the order of the Ld. Commissioner of CGST & CX, where penalties of Rs.10,000/- under section 77 and Rs.13,94,933/- under Section 78 were imposed. The appellant was dealing with two companies, Amway and Britt, and was issued a Show Cause notice for Service Tax demand for the period 2006-07 to 2010-11. The Adjudication Order confirmed a demand of Rs.13,65,840/- and penalties were imposed by the First Appellate Authority. The appellant contended that commission received from network marketing companies was not liable to Service Tax during the relevant period due to differing views and cited a Tribunal decision in support.

The Ld. Advocate argued that the commission received by the appellant had two parts, one of which was related to goods received by distributors and was not subject to Service Tax based on a previous case. It was highlighted that the commission earned by the appellant for the period in question had already been paid along with interest before the show cause notice was issued. The Tribunal acknowledged the submissions of the Ld. Advocate and held that the proceedings should have been concluded before the issuance of the show cause notice. Consequently, the penalties imposed were set aside, and the Service Tax confirmed in the Adjudication Order was not interfered with. The impugned order was set aside, and the appeal by the appellant was allowed with consequential relief as per the law.

In conclusion, the Tribunal's decision revolved around the interpretation of Service Tax liability on commission received from network marketing companies, the application of the extended period of limitation, and the procedural aspects of concluding proceedings before issuing show cause notices. The judgment provided relief to the appellant by setting aside the penalties imposed and upholding the Service Tax confirmed in the Adjudication Order.