2013 (10) TMI 1348 - AT - Service Tax

Summary

Issues involved:
The issues involved in the judgment are initiation of proceedings for realisation of service tax dues under taxable services provided by the Union of India, Indian Railways, and the representation of the Union of India, Ministry of Railways in the legal proceedings.

Issue 1: Realisation of service tax dues under taxable services:
Proceedings were initiated for realisation of service tax dues under the taxable services renting of immovable property and sale of space for advertisement, provided by the Union of India, Indian Railways. The adjudication order passed by the Commissioner of Central Excise, ST, Allahabad confirmed the service tax, interest, and penal liability as specified. An appeal was preferred against this order.

Issue 2: Representation of Union of India, Ministry of Railways in legal proceedings:
Throughout the proceedings, including the issuance of the show cause notice, service thereof, adjudication proceedings, and the appeal before the Tribunal, the Divisional Railway Manager, North Central Railway, Allahabad was the sole party. The Union of India, Ministry of Railways was not represented by a designated and authorised representative at any stage of the proceedings.

It is highlighted that according to the Constitution and Section 79 of the Code of Civil Procedure 1908, when a suit is to be instituted against the Central Government, the proceedings should be initiated against the addressee described as the Union of India. The failure to implead the necessary party, the Union of India, Ministry of Railways, renders the entirety of the proceedings null and void. The judgment cites the decision of the Supreme Court in Chief Conservator of Forests, Govt. of A.P. vs. Collector and Others - AIR 2003 SC 1805 to support this principle.

In conclusion, the judgment declares that the adjudication order is a nullity due to the absence of the Union of India, Ministry of Railways as a party in the proceedings. Consequently, the appeal preferred by the Divisional Railway Manager, North Central Railway, Allahabad is deemed incompetent and rejected.