2006 (12) TMI 12 - AT - Service Tax

Demand(Service tax)-Limitation-Alleged that appellant were liable to pay service tax under he head of Clearing and Forwarding services- After considering all the fact held that demand barred by limitation

Summary

Issues:
1. Plea of limitation regarding Service Tax liability for Commission Agents.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Mumbai, focused on deciding the appellant's plea of limitation regarding Service Tax liability. The show cause notice was issued to the appellants, who are Commission Agents, alleging that they are liable to pay Service Tax as Clearing and Forwarding Agents for the period from 16-7-1997 to 31-8-1999. The notice proposed the invocation of a longer period of limitation.

The allegations against the appellants were based on a previous decision by the Tribunal in the case of Prabhat Zarda Factory (India) Ltd. However, it was noted that this decision had been overruled by the Larger Bench of the Tribunal in the case of Larsen & Toubro Ltd. As a result, the very basis of the proceedings against the appellant was found to be invalid, as it relied on a decision that had been overruled.

The issue at hand involved the interpretation of legal proceedings to determine whether the appellants could be considered as clearing and forwarding agents. The Tribunal concluded that the appellants were under a bona fide belief that they were not covered by the definition of these services. This belief led them to not apply for Service Tax Registration and follow the subsequent procedures. The Revenue failed to provide any positive evidence to show that the appellants had suppressed information with the intent to evade duty. Consequently, the Tribunal held that the demand was barred by limitation.

In light of the above findings, the Tribunal recalled the earlier order that dismissed the appeal on merits and set aside the impugned order. The appeal was allowed on the grounds of limitation, providing relief to the appellants in this case.