2009 (10) TMI 662 - AT - Service Tax

Summary

Issues:
1. Service Tax demand on "Construction of Complex service" for a specific period.
2. Validity of invoking a longer period in the proceedings.
3. Waiver of penalty under Section 76 of the Finance Act, 1994.
4. Extension of relief under Section 80 of the Act to other penalties.

Service Tax Demand on "Construction of Complex service" for a specific period:
The judgment affirmed the demand of Service Tax and Education Cess found due from the appellants for services under the category of "Construction of Complex service" rendered during a specific period. The tax, interest, and penalties imposed under relevant sections of the Finance Act, 1994, and Service Tax Rules, 1994 were also upheld. The appellants had paid the tax with interest before adjudication.

Validity of invoking a longer period in the proceedings:
The appellants argued that the show cause notice invoked a longer period, which they claimed was not valid as a similar dispute had already been decided against them for an earlier period. The appellants contended that the longer period could not have been properly invoked in the present proceedings. However, the tribunal did not find merit in this argument and proceeded with the decision based on the impugned order.

Waiver of penalty under Section 76 of the Finance Act, 1994:
The impugned order vacated the penalty imposed on the appellants under Section 76 of the Act, invoking Section 80 of the Act. It was accepted that there was a reasonable cause that prevented the assessee from timely payment of service tax. The Commissioner (Appeals) waived the penalty under Section 76 after being satisfied with the reasonable cause for the delayed payment. Consequently, the tribunal held that the appellants had not followed statutory formalities, leading to other penalties being imposed. Therefore, the tribunal ordered the waiver of the penalties sustained in the impugned order and stayed the recovery pending the decision in the appeal.

Extension of relief under Section 80 of the Act to other penalties:
The appellants argued that the relief under Section 80 should be extended to other penalties as well, besides the penalty under Section 76. The tribunal, after considering the circumstances and the waiver of one penalty, ordered the waiver of other penalties sustained in the impugned order and stayed the recovery pending the final decision in the appeal.

This detailed analysis of the judgment covers the issues related to Service Tax demand, validity of invoking a longer period, waiver of penalties under Section 76, and extension of relief under Section 80 to other penalties, providing a comprehensive understanding of the tribunal's decision in the case.