2008 (5) TMI 80 - AT - Service Tax

Dispute over Service Tax Categories: Assessment, Refund, and Penalty Set Aside

The case involved a dispute over the demand of service tax under two categories, 'Business Exhibition Service' and 'Event Management Service.' The ... Business Exhibition Service” and “Event Management Service - certain amounts have escaped assessment – appellants admitting the fact that the payments made were short of what was due to mistake by their accountant – appellant contend that total amount was deposited prior to issuance of SCN is in excess of what is due to the Revenue – case remanded for correct quantification - plea of bona fides against the penalty is also acceptable - appeal stands allowed by way of remand Issues:1. Demand of service tax under two categories.2. Excess amount deposited by the appellants.3. Penalty imposition due to alleged suppression of facts.Analysis:1. Demand of service tax under two categories:The judgment pertains to a case where the Commissioner confirmed a demand of service tax against the appellant for the period October 2004 to February 2006 under the proviso to Section 73(1) of the Finance Act, 1994. The demand was related to two categories of taxable services - 'Business Exhibition Service' and 'Event Management Service.' The appellant admitted the liability to pay service tax in these categories, but discrepancies were found in the assessment by the Commissioner, leading to a demand for differential tax. The appellant contended that certain payments made before the issuance of the show-cause notice were not considered, resulting in an excess amount deposited by them. The case required remand to the lower authority for correct quantification of the service tax and interest.2. Excess amount deposited by the appellants:The appellant claimed that the total amount deposited by them prior to the show-cause notice exceeded the actual liability, estimating the excess at Rs. 13,55,605. They sought a refund of this excess amount. The appellant argued that Cenvat credit was allowed only up to September 2005, and credit for the period October 2005 to February 2006 was admissible. Discrepancies in the impugned order were noted, necessitating a reevaluation of the amounts of service tax and interest by the lower authority.3. Penalty imposition due to alleged suppression of facts:Regarding the penalty, the appellant contended that there was no willful suppression of facts before the department. They claimed that any discrepancies were due to inadvertent mistakes made by their accountant, which were promptly rectified upon detection. The Tribunal found no reason to doubt the genuineness of the appellant's plea of bona fides against the penalty. Considering the circumstances, the Tribunal held that the appellant was not liable to be penalized. Consequently, the impugned order was set aside, and the adjudicating authority was directed to pass a fresh order without imposing any penalty, giving the appellant a reasonable opportunity to be heard.In conclusion, the appeal was allowed by way of remand, emphasizing the need for accurate quantification of the service tax, interest, and a fair assessment of penalty in light of the facts presented during the proceedings.