2018 (1) TMI 1484 - AT - Service Tax

Levy of service tax - outdoor catering services - benefit of exemption under N/N. 21/2004-ST dated 10.09.2004 - penalties - Held that - The matter has come up before the Tribunal in the assessee-Appellants own case M/S SHIV SAI CATERER & SUPPLIERS AND M/S S.S. SANSTHAN VERSUS CCE INDORE 2018 (1) TMI 1483 - CESTAT NEW DELHI where the Tribunal has confirmed the demand of Service Tax but by taking a lenient view dropped the penalties. Demand of service tax upheld - penalties set aside - appeal allowed in part.

Summary

Issues:
- Appeal against Order-in-Appeal dated 26.07.2012 passed by the Commissioner of Central Excise, Indore regarding outdoor catering services availing exemption under Notification No. 21/2004-ST.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved the assessee-Appellants contesting the demand for Service Tax and penalties imposed by lower authorities for the period from April 2009 to March 2011. The Appellants provided outdoor catering services and had been benefiting from an exemption under Notification No. 21/2004-ST, which was later withdrawn by Notification No. 02/2006-ST. The Tribunal noted that in the assessee-Appellants' previous cases, the demand for Service Tax had been confirmed, but penalties were dropped due to a lenient view. In line with these precedents, the Tribunal confirmed the demand for Service Tax but decided to drop the penalties by invoking the provisions of Section 80 of the Finance Act, 1994. The appeal was partly allowed in favor of the assessee-Appellants based on the Tribunal's earlier orders and the application of Section 80 of the Finance Act, 1994.

This judgment highlights the importance of compliance with tax regulations and the consequences of availing benefits under withdrawn notifications. It also underscores the significance of past precedents in determining outcomes in similar cases. The Tribunal's decision to confirm the Service Tax demand while dropping the penalties showcases a balanced approach considering the circumstances of the case and the provisions of the Finance Act, 1994.