2016 (2) TMI 984 - AT - Service Tax

Service Tax Voluntary Compliance Encouragement Scheme 2013 - rejection of declaration invoking the proviso to Section 106(2) of the Finance Act 2013 - appellant has already issued summons - Held that - I find that in the case the investigation conducted against the appellant by way of summons issued to the appellant has already been dropped in that circumstances the appellant is entitled for the benefit of Voluntary Compliance Encouragement Scheme 2013 - appeal allowed.

Summary

Issues:
Appeal against rejection of declaration under Service Tax Voluntary Compliance Encouragement Scheme, 2013 based on summons issued to the appellant.

Analysis:
The appellant filed a declaration under the Service Tax Voluntary Compliance Encouragement Scheme, 2013, which was rejected due to summons issued to them under Section 83 of the Finance Act, 1994. The rejection was based on the proviso to Section 106(2) of the Act. The appellant appealed this decision. The Scheme allows assessees who have not paid service tax to pay along with interest during the scheme period and make a declaration to avoid proceedings. The relevant provision of Section 106 of the Finance Act, 2013, was considered, which outlines the eligibility criteria for making a declaration of tax dues. It mentions that if an inquiry or investigation is pending against a person, the designated authority can reject the declaration.

Upon hearing the parties and reviewing the submissions, it was noted that the investigation against the appellant, conducted through the issuance of summons, had been dropped. Consequently, it was concluded that the appellant was indeed entitled to the benefits of the Voluntary Compliance Encouragement Scheme, 2013. The impugned order was deemed contrary to the law in this context. Therefore, the order was set aside, and the appeal was allowed with any consequential relief that may be applicable.