2001 (2) TMI 4 - AT - Service Tax

Tribunal Upholds Demand Confirmation & Penalty Imposition for Finance Act Registrants

INSURANCE & PROVIDENT FUND DEPARTMENT Versus COMMR. OF C. EX., JAIPUR-I

The Tribunal upheld the demand confirmation, interest charge, and penalty imposition against the appellants, holders of a Registration certificate under ... Service Tax – (1) Demand (2) Limitation (3) Interest and Penalty Issues:- Appeal against demand confirmation, interest charge, and penalty imposition.Facts and Arguments:The appellants, holders of a Registration certificate u/s 69 of the Finance Act, were alleged to have paid short service tax. They contended that due to insurance system complexities, adjustments were needed resulting in excess payments in some areas and short payments in others. Year-wise details were provided to support their case. The appellants argued that the demand was based on assumptions and incorrect comparisons. They also claimed that the demand was time-barred as returns were regularly submitted without objections.Legal Standpoints:The appellants argued that the demand was time-barred and there was no intention to evade payment. They emphasized the need for the Department to call for records before alleging suppression. They cited cases to support their contention that the demand should be set aside. The Department, however, maintained that the demand was justified as the appellants failed to disclose the correct premium amounts and could not provide sufficient evidence to support their claims.Judgment:The Tribunal noted discrepancies in the appellant's ST-3 Returns and upheld the demand, finding no merit in the appellant's arguments. Despite year-wise break-up details provided by the appellants, the lack of evidence to support adjustments or premium receipts post-July'94 led to the rejection of the appeal. The Tribunal held that the demand was not time-barred and sustained the decision confirming the demand, interest charge, and penalty imposition.