2011 (7) TMI 1060 - HC - Service Tax

High Court upholds Tribunal's decision, dismissing penalties under Finance Act sections 76 & 77

Commissioner of Service Tax, Service Tax Commissionerate, Bangalore Versus AK & I Advertising Private Ltd.

The High Court of Karnataka ruled in favor of the assessee, dismissing the Revenue's appeals. The Court upheld the Tribunal's decision to set aside ... - Issues involved: Challenge to penalty imposition by Revenue, interpretation of provisions u/s 76, 77, and 78 of the Finance Act, applicability of proviso to section 78.Summary:The High Court of Karnataka heard appeals by the Revenue against a Tribunal order setting aside penalties imposed on the assessee. The assessee availed the service tax amnesty scheme but failed to include the correct taxable amount in their return, leading to short-levy and a show-cause notice. The department pointed out the short-levy, and the assessees paid the service tax along with interest before the notice. Penalties equal to the duty amount were imposed under sections 76, 77, and 78 of the Finance Act. The Appellate Commissioner upheld the penalties, but the Tribunal noted a circular allowing for 25% penalty payment within 30 days of the order, which the assessees had done. The Tribunal found the penalties under sections 76 and 77 illegal and set them aside, leading to the Revenue's appeal.The proviso to section 78, substituted by the Finance Act 2003, states that if the service tax and interest are paid within 30 days of the order determining the tax liability, the penalty is reduced to 25% of the service tax. The assessees paid the duty, interest, and 25% of the service tax as penalty within the stipulated time, making them eligible for the reduced penalty. The Tribunal was correct in setting aside the penalties imposed under other provisions of the Act as illegal.The High Court found no error in the Tribunal's decision and ruled in favor of the assessee, dismissing the appeals by the Revenue.