2006 (6) TMI 17 - AT - Service Tax

Tribunal grants appeal on service tax penalty issue, citing Rule 6(1) failure

GROUP ADVERTISING CONSULTANT Versus COMMR. OF C. EX., DELHI-I

The Tribunal allowed the appeal of an advertisement agency service provider regarding the imposition of a penalty for Service tax non-payment. The ... Service Tax - Advertising agency - Service tax paid by the appellants within stipulated time or not after they have received it from their clients, matter remanded to adjudicating authority to scrutinize the records Issues involved: Imposition of penalty on the appellant providing advertisement agency services.Analysis:The issue in this appeal pertains to the imposition of a penalty on the appellant, who is engaged in providing advertisement agency services. The Tribunal, upon reviewing the provisions of the Finance Act, noted that there is no restriction on filing appeals before the Tribunal concerning Service tax matters, allowing the Tribunal to entertain appeals for any confirmed amount. As the issue at hand was deemed narrow in scope, the appeal was admitted and taken up for disposal with the consent of both parties after a stay was granted.Upon considering the submissions from both sides and examining the record, it was observed that the appellate authority had upheld the adjudicating authority's order without correctly applying the relevant legal provisions. The appellant contended that they were obligated to deposit the Service tax collected after receiving payment from their clients, citing Rule 6(1) of the Service Tax Rules, 1994. This rule specifies the timeline for payment of Service tax to the Central Government based on the receipt of payments for taxable services, with specific provisions for different types of entities.The Tribunal highlighted that the specific argument raised by the appellant was not adequately addressed by the lower authorities. Additionally, referencing a precedent set by a coordinate Bench of the Tribunal in a similar case, it was emphasized that a thorough examination of records regarding the timing of tax receipts from customers was crucial in determining the applicability of penalties. Consequently, the matter was remanded to the adjudicating authority for a reevaluation, instructing them to consider the appellant's plea regarding the application of Rule 6(1) of the Service Tax Rules, 1994. The appeal was allowed by way of remand, granting the appellant an opportunity to present their defense in light of the specific legal provisions cited.