9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2025 (5) TMI 1133 - AT - Service TaxLiability of appellant to pay service tax for the period 2014-15 on the consideration received for providing manpower services - failure to file service tax returns and non-appearance before the adjudicating authority - ex-parte adjudication - HELD THAT - From the impugned order it is found that the appellant had produced the copy of the challans as evidence to support that he has already paid the service tax in discharge of his liability for the year 2014-15. The Appellate Authority taking note of the same had concluded that the service tax liability of the appellant was Rs.18, 07, 429/- as against Rs.37, 90, 922/-. However while examining the challans the Appellate Authority found that the two challans were the subject matter of the appeal No.177/ST/2022 for the period 2013-14 and the appellant had inadvertently shown these challans for the period 2014-15. There is no error in ignoring the two challans which were towards the service tax liability for the previous year. The Commissioner (Appeals) has correctly re-determined the service tax liability of the appellant. Since there was delay in payment of service tax the levy of interest is automatic and the same is therefore recoverable from the appellant. According to the Revenue the appellant has misrepresented the two challans which were actually used in payment of service tax for the previous period i.e. 2013 14 and therefore the extended period has been rightly invoked. The penalty under Section 78(1) of the Act has been rightly imposed and the Appellate Authority has consciously reduced the same to the reduced amount of service tax liability. Lastly the penalty imposed under Section 77(1)(a)and section 77(2) on the ground that though the appellant had already obtained the service tax registration from the Department however did not properly assess and pay the service tax. In the circumstances no interference is called for in the impugned order. Conclusion - i) Service tax liability must be determined based on actual receipts and payments attributed to the correct financial year. ii) Misrepresentation or incorrect attribution of payments justifies invocation of extended limitation period and imposition of penalties. iii) Interest on delayed payment of service tax is automatic and recoverable. iv) Non-appearance and failure to respond to notices permits ex parte adjudication by the Tribunal. Appeal dismissed.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Tribunal include:
2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Service Tax Liability on Manpower Services for 2014-15 The appellant was engaged in providing manpower services and had received consideration from various parties. The investigation initiated on the basis of Form 26AS for 2014-15 revealed non-filing of service tax returns and receipt of payments without discharge of tax liability. The legal framework governing this is the Finance Act, 1994, particularly Section 73(1) which deals with recovery of service tax where tax has not been paid or has been short paid. The Adjudicating Authority confirmed a demand of Rs.37,90,922/- based on income tax returns and other records, holding the appellant liable for the full amount. The appellant did not respond to the show cause notice or attend hearings, resulting in an ex parte decision. Upon appeal, the appellant produced evidence including Form 26AS, work orders, challans, and a reconciliation chart showing payments made and the actual liability. The Commissioner (Appeals) re-examined the documents and recalculated the liability to Rs.18,07,429/-, substantially lower than the original demand. This re-determination was based on the reconciliation of receipts and tax payments. The Tribunal accepted this re-determination as correct, applying the legal principle that tax liability must be assessed based on actual consideration received and tax paid. Issue 2: Validity of Two Challans and Impact on Liability The appellant submitted eight challans as evidence of payment, totaling Rs.18,41,708.97. However, the Commissioner (Appeals) found that two challans dated 03.09.2014 amounting to Rs.3,51,891/- and Rs.34,857/- were actually utilized for payment of service tax for the previous year 2013-14. This was a critical finding as it reduced the effective payment towards 2014-15 to Rs.14,54,961/-. The Tribunal upheld this finding, stating there was no error in ignoring the two challans for the current period since they pertained to an earlier period. The principle applied was that payments must be correctly attributed to the relevant financial year for accurate liability assessment. This resulted in a short payment of Rs.3,52,468/- for 2014-15, which was held recoverable along with interest. Issue 3: Applicability of Interest and Penalties Since there was a delay in payment of service tax, interest under Section 75 of the Finance Act was held to be automatically leviable. The appellant's misrepresentation by showing two challans for 2014-15 which actually belonged to 2013-14 justified invocation of the extended period of limitation under Section 73(1). The penalty under Section 78(1) was imposed accordingly, but reduced by the Commissioner (Appeals) to correspond with the reduced tax liability. Additionally, penalties under Sections 77(1)(a) and 77(2) were imposed on the ground that although the appellant had obtained service tax registration, it failed to properly assess and pay the tax due. The Tribunal found no infirmity in the imposition of interest and penalties, affirming that the appellant's conduct warranted such measures under the statutory provisions. Issue 4: Procedural Compliance and Ex Parte Adjudication The appellant failed to respond to the show cause notice, did not file returns, and did not appear for hearings before the Adjudicating Authority or the Tribunal despite multiple opportunities. Notices sent to the appellant were returned with remarks "insufficient address," yet were successfully delivered to the appellant's authorized representatives. The Tribunal relied on the precedent set by the Delhi High Court emphasizing that in absence of any appearance or representation by the appellant, the Tribunal is empowered to decide the appeal ex parte on the basis of available records. This principle was applied to proceed with the hearing and decide the appeal despite the appellant's non-participation. 3. SIGNIFICANT HOLDINGS The Tribunal held:
The core principles established include:
Final determinations were that the appellant's service tax liability for 2014-15 stood at Rs.18,07,429/-, with a short payment of Rs.3,52,468/- after adjusting for payments made in the prior year. Interest and penalties were upheld as correctly imposed. The appeal was dismissed, confirming the impugned order in all respects.
|
