2011 (3) TMI 1058 - AT - Service Tax

Waiver of pre-deposit - Maintenance and repair, commissioning & installation and business auxiliary service etc. - Held that - Finding by the Commissioner that the value of the goods supplied was not known to the service provider and the charges were made on the service receivers on the basis of percentage, the appellant has not been able to make out a strong prima-facie case in their favour - At the same time note that learned advocate drew out attention to invoices which in fact show the value of the goods supplied - The only conclusion that can be drawn is that the matter requires detailed consideration and verification of documents before coming to a final conclusion - Further no financial difficulty has been pleaded - Thus it is appropriate that appellant should be directed to deposit an amount of Rs.20 lakhs in terms of provisions of Section 35F Central Excise Act, 1944 made applicable to service tax matters by Section 83 of Finance Act, 1994.

Summary

Issues:
Service tax demand on gross value charged, penalty under Section 76 & 78, value of goods supplied not known to service provider, charges based on percentage, requirement of pre-deposit, waiver of balance amount of service tax, interest, and penalties, stay against recovery during appeal.

Analysis:
The case involved an appellant providing textile services, facing a service tax demand of Rs.53,85,930 along with penalties under Section 76 & 78 for not paying service tax on the gross value charged to customers but only on labor charges. The appellant argued that although the invoice issued did not show the value of goods supplied, they had evidence indicating the price at which goods were supplied. However, the Commissioner found that the appellant did not know the value of goods supplied and charged customers on a percentage basis rather than actual value, leading to a lack of a strong prima facie case. The Tribunal acknowledged the need for detailed consideration and verification of documents before a final decision and directed the appellant to deposit Rs.20 lakhs within ten weeks, with a waiver of the balance amount of service tax, interest, and penalties, and a stay against recovery during the appeal period.

This judgment highlights the importance of accurately determining and disclosing the value of goods supplied in service invoices to avoid disputes regarding service tax calculations. It also emphasizes the need for strong prima facie evidence to support claims in tax matters. The Tribunal's decision to require a pre-deposit while granting a waiver for the balance amount reflects a balanced approach to ensuring compliance while also providing relief to the appellant during the appeal process. The application of provisions from the Central Excise Act to service tax matters showcases the interconnected nature of tax laws and the significance of adhering to relevant legal frameworks in resolving disputes effectively.