2008 (7) TMI 211 - AT - Service Tax

Tribunal waives penalties under section 80, citing reasonable cause, granting relief to assessees.

Haiku Motors (P.) Ltd. Versus Commissioner of Service Tax, Bangalore

The Tribunal set aside the penalties imposed by the Commissioner in the review orders, citing the assessees' reasonable cause as justification for waiving ... Penalty - bona fide belief held by the assessee with regard to the category under which they were required to pay the service tax - reasonable and bona fide belief in not depositing the tax - service tax was paid before the issue of show-cause notice along with interest - in terms of section 80 of the Finance Act, 1994 no penalty is imposable on the assessee - imposition of penalties in the Review Order and order-in-Original is set aside – appeal by assessee is allowed Issues Involved:1. Imposition of penalties under sections 76, 77, and 78 of the Finance Act, 1994.2. Applicability of section 80 of the Finance Act, 1994 regarding reasonable cause for non-payment of service tax.3. Review and revision of orders by the Commissioner of Central Excise under section 84 of the Finance Act, 1994.4. Payment of service tax and interest before the issue of show-cause notice.5. Bona fide belief and ignorance of law as a defense against penalties.Issue-wise Detailed Analysis:1. Imposition of Penalties under Sections 76, 77, and 78 of the Finance Act, 1994:The appeals involved the imposition of penalties under sections 76, 77, and 78 of the Finance Act, 1994. The Assistant Commissioner in the original orders had waived or imposed nominal penalties considering the bona fide belief and reasonable cause shown by the assessees. However, the Commissioner in the review orders imposed higher penalties, which were challenged in the appeals.2. Applicability of Section 80 of the Finance Act, 1994 Regarding Reasonable Cause for Non-Payment of Service Tax:Section 80 of the Finance Act, 1994 states that no penalty shall be imposable if the assessee proves that there was reasonable cause for the failure. The Assistant Commissioner had exercised this provision to waive penalties, finding reasonable cause in the assessees' explanations. The Tribunal emphasized that the reasonable cause shown by the assessees, such as bona fide belief and confusion regarding the tax category, justified the waiver of penalties under section 80.3. Review and Revision of Orders by the Commissioner of Central Excise under Section 84 of the Finance Act, 1994:Section 84 of the Finance Act allows the Commissioner to revise orders passed by subordinate adjudicating authorities. The Commissioner had used this power to set aside the Assistant Commissioner's orders and impose higher penalties. The Tribunal noted that while the Commissioner has the power to revise orders, such revisions should consider the reasonable cause and bona fide belief of the assessees, as provided under section 80.4. Payment of Service Tax and Interest Before the Issue of Show-Cause Notice:In all the cases, the assessees had paid the service tax along with interest before the issue of the show-cause notice. The Tribunal referred to previous rulings, such as Majestic Mobikes (P.) Ltd. v. CST and Reach Event Management v. CCE, which established that penalties should be waived if the service tax and interest are paid before the show-cause notice and if there is a reasonable cause for the delay.5. Bona Fide Belief and Ignorance of Law as a Defense Against Penalties:The assessees argued that they held a bona fide belief that service tax was not payable due to confusion regarding the tax category or due to ignorance of the law. The Tribunal acknowledged that the evolving nature of service tax law and the introduction of new categories could lead to genuine doubts and bona fide beliefs. The Tribunal emphasized that penalties should not be imposed when there is no mala fide intention to evade tax and when the assessees have shown reasonable cause for their failure.Conclusion:The Tribunal set aside the penalties imposed by the Commissioner in the review orders, following the ratio of the judgments in Majestic Mobikes (P.) Ltd. and Reach Event Management. The Tribunal held that the reasonable cause shown by the assessees justified the waiver of penalties under section 80 of the Finance Act, 1994. The appeals were allowed with consequential relief if any.