2007 (6) TMI 67 - AT - Service Tax

Demand (Service tax) - Department contended that appellant was entitle to pay service tax on GTO service received by him during the impugned period - Held that department contention was not correct and set aside

Summary

Issues:
1. Appeal for early disposal.
2. Service tax on Goods Transport Operator service.
3. Applicability of Supreme Court judgment.
4. Contrary stand of the Department.
5. Apex Court's admission of Civil Appeals.
6. Impugned orders and appeals dismissal.

Issue 1: Appeal for early disposal
The appellants filed an application for early disposal of their appeal, which was granted by the Appellate Tribunal. The appeal was then disposed of finally at that stage after hearing both sides.

Issue 2: Service tax on Goods Transport Operator service
The appellants had received Goods Transport Operator (GTO) service during a specific period but had not paid service tax on it. The Department issued a show cause notice demanding service tax on the service and proposed penalties. The original authority confirmed the tax demand, interest, and penalties under relevant sections of the Finance Act, 1994. The appeal against this order was filed by the party.

Issue 3: Applicability of Supreme Court judgment
The Tribunal noted that the issue was covered in favor of the appellants by previous decisions of the Bench, citing a Final Order that stated the appellants were not liable to pay service tax on GTO service during the specified period. This decision was based on a Supreme Court judgment that quashed the provision of Service Tax Rules, 1994, making recipients of GTO service not liable to pay service tax during that period.

Issue 4: Contrary stand of the Department
The appellants argued that the Department's stand in certain Civil Appeals was contrary to the Supreme Court's decision in a related case. The Tribunal held that the decision in the previous case was still applicable, as the mere admission of Civil Appeals by the apex Court did not stay the operation of the Tribunal's orders.

Issue 5: Apex Court's admission of Civil Appeals
The appellants pointed out that the apex Court had admitted Civil Appeals by the Department in related cases. However, the Tribunal emphasized that the decision in the previous case was currently valid and upheld the impugned orders based on that decision.

Issue 6: Impugned orders and appeals dismissal
Ultimately, the Tribunal sustained the impugned orders confirming the tax demand, interest, and penalties, and dismissed all the appeals filed by the party. However, following the discussion and analysis, the Tribunal set aside the impugned order and allowed the appeal.

This detailed analysis of the judgment highlights the issues involved, the arguments presented by the parties, and the Tribunal's decision based on legal precedents and interpretations of relevant laws and judgments.