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of <h1>Tribunal Upholds Commissioner's Decision on Service Tax, Penalty, and Interest Dispute</h1> The Tribunal upheld the Commissioner (Appeals) decision in a case concerning a detective service agency's liability for service tax, penalty imposition ... Service Tax – Delay in filing of return – Penalty Issues:1. Liability of service tax on a detective service agency.2. Imposition of penalty under Sections 76 and 77 for late filing of returns.3. Discrepancy in interest calculation and direction to allow payment in installments.Analysis:1. The case involved the liability of service tax on a detective service agency providing security services. The respondent failed to file a return within the stipulated period, leading to a contravention of Section 70 of the Finance Act, 1994. The Commissioner (Appeals) held the respondent liable for penal action under Section 77 and for interest on delayed tax payment. The appellant claimed that the penalty should not apply as the entire tax liability was discharged, and there was no deliberate contravention of the law. The Commissioner (Appeals) considered the appellant's plea and directed the authorities to allow payment of interest in installments.2. The Revenue appealed the Commissioner (Appeals) decision, arguing that the penalty should not have been set aside and that the direction to examine different interest rates was unwarranted. The Tribunal noted that penalties under Sections 76 and 77 for late filing of returns are not mandatory. In this case, the respondent had paid the tax and part of the interest even before adjudication, citing delayed payments from customers as the reason for the delay. The Commissioner (Appeals) considered this explanation before setting aside the penalty, a decision upheld by the Tribunal.3. Addressing the Revenue's plea regarding the direction to consider different interest rates, the Tribunal observed that the period in dispute had a consistent interest rate of 18% per annum. The Tribunal found no harm in the Commissioner (Appeals) directing the lower authority to reconfirm the interest calculation based on the standard rate. Ultimately, the Tribunal found no merit in the Revenue's appeal and rejected it, affirming the Commissioner (Appeals) decision.
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