2005 (8) TMI 618 - AT - Service Tax

Summary

Issues Involved: Whether Service Tax on persons handling Goods Transport Operators (GTO) can be confirmed without the issue of Show Cause Notice for the relevant period in question.

Detailed Analysis:

1. Common Question of Law and Facts:
The appeals were taken up together as a common question of law and facts arose in all of them. The issue was whether Service Tax on persons handling Goods Transport Operators (GTO) could be confirmed without the issuance of a Show Cause Notice for the relevant period. The period involved was 16-7-1997 to 2-6-1998.

2. Show Cause Notice Requirement:
It was undisputed that Show Cause Notices had not been issued prior to the amendment brought in the Service Tax Act to levy service tax on the users of services of GTO and C & F Agents. The Show Cause Notices were issued much later in the years 2002 and 2004.

3. Legal Precedents and Judgments:
Reference was made to legal precedents and judgments to support the decision. The Apex Court judgment in the case of Laghu Udyog Bharati v. UOI and the Tribunal's judgment in the case of L.H. Sugar Factories Ltd. v. CCE, Meerut-II were cited. These judgments held that demands are not enforceable if Show Cause Notices were not issued prior to the retrospective amendment brought in the Finance Act, 2000.

4. Tribunal's Decision:
The Tribunal, considering the legal precedents and after due hearing of both sides, set aside the impugned orders and allowed the appeals with consequential relief, if any, in the light of the cited judgments. The demands were set aside solely on the ground that they were not protected with the issue of Show Cause Notices prior to the retrospective amendment brought in the Finance Act.

5. Final Order:
The Tribunal's decision was based on the principles established in various judgments, and the appeals were disposed of accordingly. The operative portion of the order was pronounced in open court on the conclusion of the hearing.

In conclusion, the Tribunal's decision was based on the requirement of issuing Show Cause Notices before confirming Service Tax liabilities, as established by legal precedents and judgments, ultimately leading to the setting aside of the demands in the appeals under consideration.