2025 (4) TMI 1390 - AT - Service Tax

Service Tax Case: Delayed Document Submission Triggers Penalty Reduction Under Section 77(1) with Proportional Enforcement Approach

TRIBUNAL DECISION SUMMARY:The SC ruled on a service tax case involving document submission delay. The Tribunal found the appellant liable for penalty ... Levy of penalty u/s 77(1) of the Finance Act, 1994 for failure to appear before the Central Excise Officer when issued with summon for appearance to produce documents in an inquiry is sustainable or not - HELD THAT:- There is no explanation for the delay caused in submission of the records. However, the penalty in the case of delay in submission of document should be a token penalty to insure compliance with the provisions of law. This fact has been admitted in the impugned order, whereby penalty from Rs.200/day has been reduced to Rs.50/day. Still the penalty is on higher side and reduced the same to Rs.10,000/-. Appeal is partly allowed. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in the appeal are:- Whether the imposition of penalty under Section 77(1) of the Finance Act, 1994 for failure to produce documents within a reasonable time upon summons issued by a Central Excise Officer is sustainable.- The reasonableness of the delay period of 710 days in submission of documents for audit purposes and its impact on penalty imposition.- The appropriateness of the quantum of penalty imposed, specifically the daily penalty rate of Rs.200 and its reduction to Rs.50 by the Commissioner (Appeals), and whether further reduction is warranted.- The scope and discretion of the authorities in imposing penalty under Section 77(1) given the facts of the case and relevant precedents.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Sustainability of penalty under Section 77(1) for failure to produce documents on summonsRelevant legal framework and precedents: Section 77(1) of the Finance Act, 1994 provides for penalty where a person fails to furnish information, produce documents, or appear before a Central Excise Officer when summoned. The penalty may extend to Rs.10,000 or Rs.200 per day of default, whichever is higher, starting from the due date until compliance.Court's interpretation and reasoning: The Tribunal noted that the appellant failed to submit documents despite reminders and summons, thereby violating Service Tax Rules, 1994. The Tribunal affirmed that such failure attracts penal consequences under Section 77(1). However, the penalty is intended as a compliance incentive rather than a punitive measure. The Tribunal emphasized that the penalty should be reasonable and not excessive.Key evidence and findings: The appellant delayed submission of audit-related documents by 710 days. The appellant's claim that detailed scrutiny was completed in February 2019 was uncontested but did not preclude audit or the obligation to produce documents upon summons. The Tribunal observed that the department's decision to conduct audit after scrutiny was within its discretion.Application of law to facts: The Tribunal applied Section 77(1) to the facts, concluding that the appellant's failure to produce documents within a reasonable time was a contravention attracting penalty. However, the extended delay of 710 days was deemed unreasonable, but the penalty rate imposed needed moderation.Treatment of competing arguments: The appellant argued that the audit should not have been conducted after detailed scrutiny and that the delay was justified. The Tribunal rejected the argument that audit could not follow scrutiny, holding that the department's discretion to audit remained intact. The Tribunal also considered the appellant's failure to explain the delay.Conclusions: Penalty under Section 77(1) is sustainable for failure to produce documents on summons. The appellant was liable for penalty, but the quantum and rate of penalty required adjustment to reflect the nature of the offense.Issue 2: Reasonableness of delay and quantum of penalty imposedRelevant legal framework and precedents: The Tribunal referred to the Service Tax Audit Manual 2011, which suggests that taxpayers whose returns have been scrutinized may not be subjected to audit the same year to avoid duplication. However, it does not bar audit altogether. The Tribunal also relied on a precedent from the Hon'ble CESTAT, West Zonal Bench, Mumbai, which held that the penalty of Rs.200 per day under Section 77(1) is not mandatory and the officer has discretion to reduce it depending on the case.Court's interpretation and reasoning: The Tribunal found that a delay of 710 days was unreasonable and that the penalty imposed at Rs.200 per day was harsh. The Commissioner (Appeals) had already reduced the penalty to Rs.50 per day, which the Tribunal found more appropriate but still on the higher side. The Tribunal further reduced the penalty to a token amount of Rs.10,000 to ensure compliance without being excessive.Key evidence and findings: The delay of 710 days in submission of documents was undisputed. No satisfactory explanation was offered by the appellant for the delay. The Tribunal noted the principle that penalty should be a token amount to ensure compliance rather than punitive.Application of law to facts: Applying the discretion allowed under Section 77(1) and the precedent, the Tribunal balanced the need for compliance with fairness to the appellant by reducing the penalty to Rs.10,000.Treatment of competing arguments: The appellant's request for adjournment was declined given the narrow scope of the issue and the availability of records. The Tribunal considered the appellant's contention regarding audit duplication but found it insufficient to negate the penalty.Conclusions: The penalty rate of Rs.200 per day was excessive; reduction to Rs.50 per day by Commissioner (Appeals) was appropriate but still high. The Tribunal exercised discretion to reduce the penalty further to Rs.10,000 as a reasonable token penalty.3. SIGNIFICANT HOLDINGSThe Tribunal held:'Penalty of Rs.200 per day not mandatory in nature - Therefore, it is discretion of officer to reduce penalty depending upon nature of case.'This principle underscores the discretionary power of authorities under Section 77(1) to modulate penalty quantum based on case specifics.Further, the Tribunal concluded:'The penalty in the case of delay in submission of document should be a token penalty to insure compliance with the provisions of law.'On the facts, the Tribunal reduced the penalty from Rs.35,500 (Rs.50 per day for 710 days) to Rs.10,000, emphasizing proportionality and fairness.The Tribunal affirmed that failure to produce documents upon summons attracts penalty under Section 77(1), but the quantum must be reasonable and serve as a compliance incentive rather than a harsh punishment.