2015 (12) TMI 1571 - AT - Service Tax

Seeking setting aside the penalties imposed - non-discharge of service tax liability in time due to financial crises and ill health of the husband of the Proprietor - discharged the entire service tax liability and interest thereof before the issuance of show cause notice - Held that - it is found that the appellant has not discharged the entire interest liability which is fastened on them due to non discharge of service tax liability. There is no dispute that the appellant is liable to discharge the service tax liability under the category of Manpower Recruitment or Supply Agency Services. We also find that the appellant had charged and collected the service tax from their clients but did not deposit the same into the Government treasury. Also there is no evidence submitted regarding many clients of the assessee did not pay them the amount as billed. Therefore we have to hold that the appellant having charged and collected the service tax liability and not deposited in the Government treasury and having also not to discharge the interest liability the impugned order is correct and appellant is not eligible for the relief under Section 80 of the Finance Act 1994. - Decided against the assessee

Summary

Issues: Setting aside of penalties imposed on the appellant

Analysis:
The case involved an appeal against Order-in-Appeal No.P-I/RKS/31/2012 dated 02.03.2012. The main issue revolved around the setting aside of penalties imposed on the appellant by the lower authorities. The appellant argued that due to financial crises and ill health of the proprietor's husband during the material period from January 2007 to March 2008, they could not discharge the service tax liability on time. However, they later paid the entire service tax liability and interest before the issuance of the show cause notice. The appellant relied on various decisions to support their argument. On the other hand, the departmental representative contended that the appellant had not fully discharged the interest liability before or after the Order-in-Original was issued. The appellate tribunal noted that the appellant had indeed failed to discharge the entire interest liability linked to the non-payment of service tax. It was established that the appellant, operating as a Manpower Recruitment or Supply Agency Services provider, had collected service tax from clients but failed to remit it to the government. The tribunal upheld the findings of the first appellate authority, which highlighted the appellant's failure to deposit the collected service tax into the government treasury. Despite feeble attempts by the appellant's counsel to defend the non-payment by citing unpaid client bills, no evidence was presented to support this claim. Consequently, the tribunal concluded that the appellant was not entitled to relief under Section 80 of the Finance Act, 1994, and upheld the impugned order, rejecting the appeal.

Conclusion:
The appeal challenging the penalties imposed on the appellant was dismissed by the appellate tribunal after considering the arguments presented by both sides. The tribunal found that the appellant had not fully discharged the interest liability associated with the non-payment of service tax, despite collecting the tax from clients. As a result, the tribunal upheld the lower authorities' decision and denied the appellant relief under Section 80 of the Finance Act, 1994.