2012 (4) TMI 81 - AT - Service Tax

Maintenance and repair services tyre retreading non payment of service tax demand imposed on non-production of documents by appellant appellant partly paid demand on the presumption that 30% of the total services is liable to tax Held that - Since Invoice produced during proceedings covers almost 35% of the amount of service provided. Therefore, on further pre-deposit of Rs.1,00,000/- apart from amount already deposited, matter would be remanded back to adjudicating authority.

Summary

Issues involved:
1. Liability of service tax on tyre retreading activity.
2. Failure to produce documents regarding purchase of inputs.
3. Appeal against demand of Rs.4,80,303.
4. Request for remand to original adjudicating authority.
5. Verification of invoices and passing appropriate order.

Issue 1: Liability of service tax on tyre retreading activity
The appellant, engaged in tyre retreading, contested that their activity was not subject to service tax. However, a show-cause notice was issued, asserting that the activity fell under maintenance and repair services. The appellant failed to produce documents regarding the purchase of inputs used in the service. Consequently, a demand of Rs.4,80,303 was confirmed against them, leading to the appeal.

Issue 2: Failure to produce documents regarding purchase of inputs
The appellant admitted to not producing documents related to the purchase of inputs used in the tyre retreading activity before the lower authorities. The lack of documentation led to the confirmation of the demand by the authorities.

Issue 3: Appeal against demand of Rs.4,80,303
The appellant had already paid Rs.1,73,400 based on the presumption that 30% of the total service provided by them was liable to tax. Seeking relief, the appellant appealed against the remaining demand of Rs.4,80,303.

Issue 4: Request for remand to original adjudicating authority
The appellant's advocate requested a remand to the original adjudicating authority to verify the invoices of inputs, as the appellant could only produce invoices amounting to around Rs.18 lakh out of the total service value of approximately Rs.48 lakh.

Issue 5: Verification of invoices and passing appropriate order
Considering the submissions, the Tribunal directed the appellant to make a further pre-deposit of Rs.1,00,000, in addition to the already deposited Rs.1,73,400, within four weeks. The adjudicating authority was instructed to verify the invoices provided by the appellant, covering 35% of the service amount, and pass an appropriate order after giving the appellant a chance to present their case.

This detailed analysis of the judgment highlights the key issues involved in the case, focusing on the liability of service tax, failure to produce essential documents, the appeal against the demand, the request for remand, and the verification of invoices for a fair decision.