2008 (11) TMI 151 - AT - Service Tax

Appellants contest penalties for tax return failure, penalties reduced under Finance Act Sections 77, 78.

The appellants, in a case concerning failure to file returns and discharge service tax liability, contested penalties imposed under Sections 76, 77, and ... Commissioner of Service Tax, in exercise of the powers conferred on him under Section 84 of the Finance Act had took up the Revisionary Proceedings and enhanced the penalties – reason given by appellant for non-payment of tax is problems in recovering their dues from their clients – tax has been paid with interest before adjudication order - Revenue’s view that financial constraints cannot be an excuse for not discharging the service tax liability is agreeable – penalty u/s 78 reduced – penalty u/s 76 dropped – penalty u/s 77 upheld Issues:1. Failure to file returns and discharge service tax liability.2. Imposition of penalties under Sections 76, 77, and 78 of the Finance Act.3. Request for waiver of penalties due to financial constraints.Analysis:1. The appellants provided taxable services as a 'Security Agency Service' but failed to file returns and discharge the service tax liability for the period from 2000-01 to May 2004. The Departmental Officers initiated proceedings against them, resulting in the confirmation of a service tax amount of Rs. 4,56,587/- and an interest amount of Rs. 10,000/-. While penal proceedings were dropped under Section 80 of the Finance Act by the Original authority, the Commissioner of Service Tax invoked Section 84 of the Finance Act to conduct Revisionary Proceedings and imposed penalties under Sections 76, 77, and 78 of the Act.2. The penalties imposed in the impugned order were as follows: a penalty of Rs. 100/- per day under Section 76, a penalty of Rs. 1000/- under Section 77, and a penalty of Rs. 4,56,587/- under Section 78 of the Act. The appellants contested the penalties, citing difficulties in recovering dues from clients and the immediate discharge of the service tax liability post the show cause notice. The Revenue, represented by the learned SDR, argued that registration obligated the appellants to discharge the service tax liability, and financial constraints were not valid reasons for penalty waiver.3. Upon careful consideration, it was determined that financial constraints could not serve as a valid excuse for failing to discharge service tax liability. Consequently, a total waiver of penalties was deemed inappropriate. However, considering the facts and circumstances, modifications were made to the impugned order. The penalty under Section 78 of the Act was reduced to Rs. 46,000/-, the penalty of Rs. 1000/- under Section 77 was upheld, and the penalty at the rate of Rs. 100/- per day under Section 76 was dropped. As a result, the appeal was partially allowed, providing relief to the appellants in terms of reduced penalties.