2007 (6) TMI 488 - AT - Service Tax

Summary

Issues:
Tax demand on commission received before the introduction of Service Tax.

Analysis:
The appellant, a Commission Agent, faced a tax demand related to the booking of orders. The appellant argued that since there was no Service Tax when the service was rendered, and the tax was prospective, no demand should arise. It was acknowledged that the commission was received after the levy was imposed. The impugned order questioned whether Service Tax was applicable to the commission received in March 2005, with the appellant claiming the work was completed before the introduction of the tax in July 2004. The appellant failed to provide crucial documents to establish the period of service, leading to the adjudicating authority confirming the demand under the Finance Act 1994 and imposing penalties under relevant sections.

The impugned order raised doubts about the period of service, emphasizing the lack of evidence provided by the appellant regarding the procurement of orders. However, a thorough examination of the facts revealed that orders were indeed procured before the tax introduction date. The appellant received commissions in March 2005 against purchase orders dating back to 2003 and 2004, failing to deposit the Service Tax applicable since July 2004. Despite the authority's directive to submit complete details and pay the due tax, the appellant did not comply promptly, leading to further scrutiny and penalties.

The appellate authority found the dispute perplexing, as the facts clearly indicated that the service was rendered prior to the tax imposition. The appellant's failure to deposit the Service Tax on commissions received in March 2005, which were liable to tax since July 2004, raised concerns. The appellate authority overturned the impugned order, highlighting that the demand was unsustainable given the timeline of service provision and commission receipt. The decision to set aside the impugned order and allow the appeal was based on the discrepancy between the facts on record and the authority's findings, ultimately favoring the appellant in this tax dispute.