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2010 (9) TMI 364 - AT - Service TaxNatural justice Violation of SCN issued by revisionary authority on13-1-10 - said notice required the appellant to file reply within 7 days of receipt of the show cause and appear for personal hearing on 20/21/22-1-10 - appellants vide letter dt.18-1-10applied for extension of time to file reply the show cause notice - demand raised on an identical issue was dropped - appeal disposed off
Issues: Violation of principles of natural justice in passing the impugned order.
In the present case, the Appellate Tribunal CESTAT, Ahmedabad, dealt with an appeal concerning the imposition of service tax and penalties under the Finance Act, 1994. The tribunal, comprising Ms. Archana Wadhwa and Shri B.S.V. Murthy, observed a gross violation of principles of natural justice in the impugned order. The demand for service tax, initially dropped by the Assistant Commissioner, was revived without due consideration of the appellant's response and without adequate time for a reply. The tribunal noted that granting only 7 days for a reply and scheduling personal hearings on consecutive dates did not align with the principles of natural justice. Consequently, the tribunal set aside the impugned order on this ground and remanded the matter to the Commissioner for a fresh decision, emphasizing the need for adherence to natural justice principles in the adjudication process. Moreover, the tribunal considered the appellant's plea for an extension of time to file a reply to the show cause notice, highlighting the absence of any reference to the appellant's response in the impugned order. The tribunal also took into account an order by the Joint Commissioner, which had dropped a similar demand, suggesting a lack of consistency in the Revenue's approach. The tribunal directed the Commissioner to consider the Joint Commissioner's decision and the Revenue's stance while re-evaluating the matter on remand. Ultimately, the stay petition and appeal were disposed of in the manner outlined by the tribunal, emphasizing the importance of upholding natural justice principles in administrative proceedings to ensure fairness and procedural regularity.
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