2017 (3) TMI 1103 - AT - Service Tax

Tribunal grants relief under Section 80, sets aside penalties under Sections 76, 77, 78 of Finance Act.

M/s Shiv Shakti Engineering Services Versus C.C.,C.E. & S.T. Gwalior

M/s Shiv Shakti Engineering Services Versus C.C.,C.E. & S.T. Gwalior - TMI Issues:- Liability of the appellant to pay service tax on Works Contract Service provided- Imposition of penalties under Section 76, 77, and 78 of the Finance Act, 1994- Benefit of Section 80 for non-imposition of penaltiesAnalysis:1. Liability of the appellant to pay service tax: The appellant provided Works Contract Service to a company during 2008-2012, but failed to deposit the service tax attributable to the taxable service. The department initiated Show Cause proceedings, resulting in an adjudication order confirming a service tax demand. The Ld. Consultant for the appellant argued that the appellant was unaware of the tax liability initially and voluntarily deposited a portion of the amount upon being informed by tax officers. The Tribunal noted that there were no specific findings of fraudulent activities by the appellant to defraud the Government Revenue. It was also observed that the appellant had paid the balance tax along with interest after the adjudication. The Tribunal concluded that the appellant should be granted the benefit of Section 80 for non-imposition of penalties.2. Imposition of penalties under Section 76, 77, and 78: The Ld. DR reiterated the findings of the impugned order, emphasizing that the appellant's failure to register and file periodic returns exposed them to penal consequences as per the statute. However, the Tribunal found that there was no evidence to suggest that the appellant had recovered the service tax amount from the service receiver but failed to deposit it with the Government Exchequer. As a result, the Tribunal set aside the imposition of penalties under Section 76, 77, and 78 of the Finance Act, 1994.3. Benefit of Section 80 for non-imposition of penalties: The appellant's counsel argued that charges of fraud, collusion, or misappropriation could not be substantiated as no specific findings were recorded to that effect by the authorities. The Tribunal agreed with this argument and extended the benefit of Section 80 to the appellant, leading to the decision to set aside the penalties imposed under Section 76, 77, and 78. Consequently, the appeal was allowed in favor of the appellant, and the impugned order regarding the imposition of penalties was overturned.In summary, the Tribunal ruled in favor of the appellant, granting the benefit of Section 80 and setting aside the penalties imposed under Section 76, 77, and 78 of the Finance Act, 1994, due to the lack of evidence of fraudulent activities and the appellant's compliance with the tax payment after being informed of the liability.