2017 (9) TMI 1330 - HC - Service Tax

Challenge to the communication from the department regarding tax liability - Royalties - mining services - N/N. 30/2012 ST dated 20.06.2012 as amended by N/N.18/2016 ST dated 01.03.2016 - Held that - If the Union of India has thought it proper to impose service tax by these Notifications referred even on the Government Undertakings or Local Authority such Organizations cannot claim exemption or immunity from such payment of tax on their own nor they can refuse to appear before the concerned competent authority and make out their case - Such an attitude on the part of the Government Undertakings to take the cause straightaway before the Court of law without even getting the claim adjudicated by the competent authority of the Respondent Department is indeed unfortunate and deserves to be deprecated. This Court does not find any material on record to hold that the petitioner is not liable to pay Service Tax ex-facie but on the contrary the Notifications referred to in the impugned communication prima facie may enjoin the said liability of Service Tax on the petitioner company. The exigibility of the Service Tax on the petitioner company on such Royalties paid by the petitioner company to the State of Karnataka at this stage and would dismiss this petition as premature - petition dismissed - decided against petitioner.

Summary

Issues:
1. Challenge to communication by Central Excise Authority regarding service tax on royalties paid to Government of Karnataka.
2. Jurisdiction of High Court under Article 226 of the Constitution of India.
3. Premature filing of petition without exhausting remedies before competent authority.
4. Preliminary objection raised by Central Public Sector Undertaking.
5. Concerns regarding approach of Government Undertakings to courts without adjudication by competent authority.
6. Exigibility of service tax on royalties paid by petitioner company.

Analysis:
1. The petitioner, a Central Government Undertaking, challenged a communication from the Central Excise Authority regarding the imposition of service tax on royalties paid to the Government of Karnataka for mining activities. The communication informed the petitioner of the tax liability effective from 01.04.2016, based on relevant notifications.

2. The petitioner approached the High Court under Article 226 of the Constitution of India without first raising objections before the competent authority. The Court expressed concerns over the premature nature of the petition and emphasized the need for exhausting remedies before the appropriate forum.

3. The Court noted that the petitioner's decision to directly approach the High Court without seeking adjudication by the Central Excise & Service Tax Department was unfortunate and undesirable. It highlighted the obligation of Government Undertakings to comply with tax laws and engage with the competent authority before resorting to legal action.

4. A preliminary objection was raised regarding the petitioner, a Central Public Sector Undertaking, filing the petition against a mere communication without addressing the Service Tax Authority first. The Court criticized the petitioner's approach and vacated the interim order granted earlier.

5. The Court refrained from making a definitive ruling on the exigibility of service tax on royalties paid by the petitioner company, dismissing the petition as premature. It emphasized the importance of following due process and allowing the petitioner to present its case before the competent authority in accordance with the law.

6. Ultimately, the petition was dismissed without costs, signaling the Court's stance on the premature nature of the legal challenge and the need for proper adjudication by the relevant authority before seeking judicial intervention.