2007 (5) TMI 72 - AT - Service Tax

Tribunal Upholds Penalties on Franchisee for Service Tax Violations

PINK CITY COMMUNICATIONS Versus COMMISSIONER OF SERVICE TAX, DELHI-III

The Tribunal upheld the Commissioner (Appeals) order imposing penalties under Sections 76, 77, and 78 of the Finance Act, 1994 on the appellant, a ... Penalty(service tax) – Appellant contended that they have get registered and deposited duty when it was detected by department, so that they not liable for penalty – Held that appellant contention is not correct and penalty sustained Issues:1. Imposition of penalties under Sections 76, 77, and 78 of the Finance Act, 1994.2. Appellant's plea regarding penalty imposition.3. Applicability of penalty in cases of duty deposit before issue of show cause notice.4. Comparison with other judgments.5. Representation of the appellant in the case.Analysis:1. The appeal was filed against the order of Commissioner (Appeals) Delhi-III, imposing penalties under Sections 76, 77, and 78 of the Finance Act, 1994. The Commissioner observed that while there was no dispute regarding the levy of service tax on the appellant, the main contention was the imposition of penalties. The appellant, a franchisee of a service tax provider, argued that they were not aware of the service tax liability. However, the Commissioner held that awareness campaigns by the government made the appellant's plea untenable. Citing previous judgments, the Commissioner concluded that penalties equal to the evasion amount were leviable under Section 11AC.2. Despite notice, no one represented the appellant. The Authorized Representative relied on a judgment of the Punjab & Haryana High Court, emphasizing that penalties could be imposed even if duty had been deposited before the issue of a show cause notice. The Representative argued that the lower authorities correctly imposed penalties in accordance with the law, as detailed in their orders.3. Upon reviewing the record and grounds of appeal, the Tribunal found no deficiencies in the lower authorities' orders. Consequently, the Tribunal dismissed the appeal and upheld the Commissioner (Appeals) order. The judgment highlighted the importance of compliance with service tax regulations and the consequences of non-compliance, emphasizing the legal obligation to pay penalties even if duty is deposited before the issuance of a show cause notice.This comprehensive analysis of the judgment provides a detailed overview of the issues involved, the arguments presented, and the Tribunal's decision, ensuring a thorough understanding of the legal implications and reasoning behind the judgment.