2005 (11) TMI 478 - AT - Service Tax

Dispensation of pre-deposit - Goods transport operator - Applicants engaged in manufacture and selling of casting on specific rate of contract

Summary

Issues Involved:
Demand of refund amount sanctioned to the appellants.

Analysis:
The case involved a dispute over the demand for the refund amount sanctioned to the appellants by the adjudicating authority. The appellants had initially received a refund based on a certificate from a Chartered Accountant. However, the Commissioner of Central Excise & Customs later reversed this decision, claiming that the service tax amount had been indirectly recovered from the customers. The appellant argued that since they had not passed on the service tax amount to their customers, the doctrine of unjust enrichment did not apply. The appellant emphasized that the Chartered Accountant's certificate should not be challenged without valid grounds or a contradictory certificate from another professional.

The respondent contended that since the service tax amount had been debited by the appellants in their expenses account, it was considered as part of the expenses for pricing their services, implying indirect recovery from customers. After considering the arguments from both sides and examining the records, the tribunal found that the Chartered Accountant's certificate was detailed and had been thoroughly evaluated by the adjudicating authority. The tribunal noted that the service tax paid was related to goods transport operations and did not affect the contract price. Additionally, the tribunal highlighted that challenging a professional's certificate without a contradictory certificate was not appropriate. As the Commissioner did not rely on any contradictory certificate, the tribunal concluded that the appellants had established a prima facie case for waiving the pre-deposit of the service tax amount. Consequently, the tribunal granted a waiver on the pre-deposit and stayed the recovery of the service tax amount pending the appeal's disposal.