2007 (8) TMI 723 - AT - Service Tax

GTA service - Whether Service Tax in relation to goods transport service, received by a party during the period November, 1997 to June, 1998, can be recovered by issuing show cause notice in 2004.? - retrospective amendment to recovery provisions would not revive already time barred cases - matter referred to Larger Bench

Summary

Issues:
Whether Service Tax in relation to goods transport service, received during a specific period, can be recovered by issuing a show cause notice several years later. Whether a retrospective amendment to recovery provisions would revive already time-barred cases.

Analysis:
The judgment dealt with the issue of recovering Service Tax related to goods transport service received by a party between November 1997 and June 1998 through a show cause notice issued in 2004. The Tribunal noted a difference of opinion among its Benches and highlighted relevant cases such as BPL Engineering Ltd. v. CST, R.K. Marble Pvt. Ltd., and Mangalam Cement. The judgment in L.H. Sugar Factories Ltd. was cited, emphasizing the question of recovery of paid tax, which was deemed impermissible based on the subsequent judgment in Gujarat Ambuja Cement Ltd. v. Union of India. The former judgment focused on the validity of retrospective amendment, adding complexity to the issue at hand.

The appellants raised a new argument that a retrospective amendment to recovery provisions would not revive cases that were already time-barred. This submission was supported by citing cases such as S.S. Gadgil v. Lal & Co., K.M. Sharma v. ITO, and Varkey Jacob and Co. v. CIT. Given the complexity and significance of the issues raised, the Tribunal concluded that the matter required fresh consideration by a Larger Bench. The Registry was directed to present the case before the Hon'ble President for the constitution of such a Bench, indicating the need for a more in-depth analysis and decision on the matter.

In conclusion, the judgment highlighted the need for a comprehensive review of the issues surrounding the recovery of Service Tax in relation to goods transport service and the impact of retrospective amendments on time-barred cases. The decision to refer the matter to a Larger Bench reflects the importance and complexity of the legal principles involved, aiming for a thorough and well-informed resolution.