2011 (6) TMI 82 - AT - Service Tax

Applicable rate of tax - Rates of Service Tax were enhanced from 8% to 10.2% - As per the case of Reliance Industries Ltd. Vs. Commissioner of Central Excise, Rajkot 2008 -TMI - 4007 - CESTAT, AHMEDABAD , and it has been clearly held that rate of tax applicable shall be the rate prevailing on the date of rendering the services - Thus, appeal is dismissed accordingly.

Summary

Issues:
1. Short payment of Service Tax at the enhanced rate.
2. Imposition of penalties under Sections 77 & 78 of Finance Act, 1994.
3. Applicability of rate prevailing at the time of rendering services.

Analysis:

1. The case involved a dispute regarding the payment of Service Tax at the enhanced rate of 10.2% instead of the prevailing rate of 8%. A Show Cause Notice was issued demanding the short payment of Service Tax along with interest and penalties under Sections 73(1), 75, 77, and 78 of the Finance Act, 1994. The impugned order confirmed the demand and imposed penalties amounting to Rs. 7,34,516 under Section 78 and Rs. 5,000 under Section 77.

2. The respondents appealed the decision before the Commissioner (Appeals), who allowed the appeal by considering the amendments made by the Finance Act, 2004, which increased the Service Tax rate to 10% w.e.f. 10.9.04 and introduced Education Cess at 2%. The Commissioner held that the effective rate of Service Tax inclusive of Education Cess from 10.9.04 was 10.2%. Citing relevant legal precedents, including the case of Reliance Industries Ltd. Vs. Commissioner of Central Excise, the Commissioner emphasized that the rate of tax applicable should be the rate prevailing on the date of rendering services.

3. The Revenue, in their appeal memo, did not contest the applicability of the decisions relied upon by the appellate authority. They argued that Service Tax should be levied only on realization of payment of taxable services as per Rule 6 of Service Tax Rules, 2004. However, this argument was dismissed as the Tribunal had previously considered and decided otherwise based on precedent decisions. The Tribunal rejected the Revenue's appeal, upholding the Commissioner (Appeals) decision based on the consistent legal interpretation regarding the rate of tax applicable at the time of providing services.

In conclusion, the Tribunal affirmed the decision of the Commissioner (Appeals) and rejected the Revenue's appeal, emphasizing the importance of applying the prevailing tax rate at the time of rendering services as per established legal principles and precedents.