2018 (11) TMI 305 - AT - Service Tax

Tribunal sets aside penalties under Finance Act due to early tax payment

The Tribunal set aside the penalties imposed under sections 77 and 78 of the Finance Act, 1994, read with Rule 15 of Cenvat Credit Rules, as the service ... Penalties u/s 77 and 78 of FA, 1994 read with Rule 15(2) of CCR 2004 - payment of service tax before issuance of SCN - Held that:- Revenue has agreed that the entire amount confirmed was paid before issue of show cause notice and has been appropriated through the Order-in-Original - sub-section 3 of section 73 of the Finance Act, 1994 has provided if service tax is paid before issue of show cause notice, the proceedings get concluded. There was no need for issue of show cause notice in respect of the demands confirmed in the Order-in-Original - penalty set aside - appeal allowed. Issues: Challenge to penalties imposed under Section 77 and 78 of Finance Act, 1994 read with Rule 15(2) of Cenvat Credit Rules, 2004.Paragraph 1: The judgment was delivered by Shri Anil G. Shakkwar, Member (Technical), after an early hearing application was allowed due to the issue being related to penalties imposed under Section 77 and 78 of the Finance Act, 1994 read with Rule 15(2) of Cenvat Credit Rules, 2004.Paragraph 2: The appellant claimed to have paid Service Tax prior to the issue of the show cause notice, arguing that penalties should not have been imposed. The original authority had recorded the appellant's payment but still imposed penalties. The appellant contended that the extended period of limitation could not be invoked as they had a bona fide belief that they were not liable for the service tax. However, the original authority found the penalties applicable under sections 77 and 78 of the Finance Act, 1994.Paragraph 3: The representative of Revenue confirmed that the entire amount was paid before the show cause notice was issued, and it was appropriated through the Order-in-Original. The Tribunal noted that as per section 73(3) of the Finance Act, 1994, if the service tax is paid before the show cause notice, the proceedings conclude. Therefore, the Tribunal held that there was no need for the show cause notice in this case and set aside the penalties imposed under sections 77 and 78 of the Finance Act, 1994 read with Rule 15 of Cenvat Credit Rules, ultimately allowing the appeal.