2009 (4) TMI 773 - AT - Service Tax

Summary

Issues:
1. Denial of refund of service tax paid prior to 1-5-2006 under 'Business Auxiliary Service'.
2. Interpretation of caselaw regarding taxable services pre and post 1-5-2006.
3. Decision on the application for stay of operation of the appellate Commissioner's order.

Analysis:
1. The judgment deals with the issue of denying a refund of service tax paid by the respondent before 1-5-2006 under the category of 'Business Auxiliary Service'. The Revenue sought to deny the refund based on the introduction of 'auctioneering services' for service tax levy after 1-5-2006. The respondents claimed refund citing caselaw, including the case of Karvy Consultants Ltd. v. Commissioner of Customs & Central Excise, where it was held that certain services were not covered under pre-existing categories. The lower appellate authority allowed the refund, stating that the tax payment was made under a mistake of law.

2. The judgment discusses the interpretation of caselaw regarding taxable services before and after 1-5-2006. The learned DR opposing the decision of the Commissioner (Appeals) failed to counter the caselaw cited by the respondent. With no binding judicial authority against the caselaw, the application for stay of the appellate Commissioner's order was dismissed. The absence of a contrary judicial authority led to the dismissal of the application.

3. The judgment concludes with the decision on the application for stay of the appellate Commissioner's order. It was noted that the respondent had already received a refund of the service tax amount in question. The court found that any stay of the impugned order would not benefit the Revenue. Therefore, the application for stay was dismissed, bringing the matter to a close.