2007 (5) TMI 22 - AT - Service Tax

C & F Services In a order of the appellant authority appellant were demanded interest on delayed payment of service tax on C& F service without considering the facts on the records Matter remanded to Commissioner(Appeals) for fresh adjudication

Summary

Issues:
Demand of interest on delayed payment of service tax on Clearing & Forwarding Agents.

Analysis:

The appellants raised several grounds in their Memorandum of Appeal challenging the demand of interest on delayed payment of service tax. They argued that the order was passed mechanically without considering legal provisions or facts on record. They contended that no service tax was payable, and the authorities failed to acknowledge a pending refund application. Additionally, they claimed that the show-cause notice for recovery of interest was time-barred, citing a relevant case law. The appellants also argued that the impugned order was illegal as they had already deposited the disputed amount, and no show-cause notice for recovery was pending at that time.

The appellants further argued that the letter demanding service tax was not a valid show-cause notice, and any deposit made in response should be refunded. They highlighted the absence of a mechanism in the Finance Acts for demanding service tax for a specific period and emphasized that the amount in dispute was deposited without any pending adjudication. They also pointed out that the amount deposited exceeded the actual tax liability for the services availed.

After considering the grounds raised by the appellants, the Tribunal decided to remand the matter to the Commissioner (Appeals) for fresh adjudication. The Commissioner was directed to pass a speaking order after providing a reasonable opportunity of hearing to the appellants. The Tribunal suggested that the Commissioner consider specific case laws while re-evaluating the matter. The appeal was allowed by way of remand for further review and consideration based on the legal arguments presented by the appellants.