2022 (2) TMI 8 - AT - Service Tax

Tribunal Upholds Service Tax Demand on Renting Service with Penalty Waivers

The Commissioner, Central Excise, Jaipur, Deputy Commissioner, Central Excise, Jaipur – I Versus M/s Rajasthan Financial Corporation (Vice-Versa)

The Commissioner, Central Excise, Jaipur, Deputy Commissioner, Central Excise, Jaipur – I Versus M/s Rajasthan Financial Corporation (Vice-Versa) - TMI Issues:1. Confirmation of demand of service tax against the assessee on 'renting of immovable property' service.2. Waiver of penalties under Section 76, 77, and 78 of the Finance Act, 1994.3. Assailing the confirmation of demand of service tax and interest by the learned Commissioner (Appeals).4. Demand of interest under Section 75 of the Finance Act, 1994.Issue 1:The judgment involved cross appeals filed by the assessee and the Revenue against the same order-in-appeal. The learned Commissioner (Appeals) confirmed the demand of service tax against the assessee on 'renting of immovable property' service but modified the demand by removing the duplicated amount. The penalties under Section 76, 77, and 78 were set aside based on the assessee's cooperation, bonafide belief, and the precedent of waiving penalties in similar cases. The Tribunal upheld the confirmation of demand of service tax against the assessee on the mentioned service.Issue 2:The Revenue appealed against the setting aside of penalties under Section 76, 77, and 78 by the Commissioner (Appeals) based on invoking Section 80 of the Finance Act, 1994. The Revenue argued that the bonafide belief of the assessee was not a sufficient ground to invoke Section 80, and the penalties should not have been waived. However, the Tribunal agreed with the Commissioner (Appeals) that the assessee had a reasonable cause for the failure to pay service tax, considering the organization's nature, registration, and immediate payment of service tax upon detection. Therefore, the Tribunal dismissed the Revenue's appeal.Issue 3:The assessee challenged the confirmation of demand of service tax and interest by the Commissioner (Appeals). The Tribunal noted that the demand of interest under Section 75 of the Finance Act, 1994 is mandatory, and the assessee had no escape from this liability. The Tribunal upheld the demand of interest, stating that it cannot be waived.Issue 4:The Tribunal emphasized that the assessee, being a Government undertaking, was not immune to paying service tax or penalties. However, considering the factual matrix of the case, including immediate payment of service tax upon detection of errors, the Tribunal agreed with the Commissioner (Appeals) that the penalties were rightly waived under Section 80 of the Finance Act, 1994. The Tribunal upheld the impugned order and dismissed both appeals.This comprehensive analysis of the judgment highlights the key issues, arguments presented by both parties, and the Tribunal's reasoning and decision on each issue.