2011 (11) TMI 414 - AT - Service Tax

Demand - CCE found that the ST-3 returns submitted by BSNL, Banda UP (East) did not include the value of GSM services rendered in Banda during the period Oct., 2003 to Sep., 2008 and was prima facie of the view that Service tax on such services was not paid - Appellants submit that for services rendered through land lines each Secondary Switching Area (SSA) of the company was registered for payment of service tax and they were paying service tax for each SSA in the Commissionerate where the SSA was located - It is not clear from the SCN or from the impugned order whether the gross value, for which impugned Service tax has been demanded, was billed from Banda Office and collections accounted by Banda Office - the registration certificate dated 5-9-2006 does not have a list of premises covered by the registration. There is also an argument that centralized registration to include the premises of Banda office was taken only from 10-12-2008 - It is not clear whether the issue being dealt with in the impugned order is one of procedural violations or a matter of revenue loss which is a substantive matter - Appeal is allowed by way of remand

Issues:
1. Demand of service tax on GSM services.
2. Centralized registration for service tax payment.
3. Interpretation of legal provisions regarding service tax registration.
4. Procedural violations vs. revenue loss.
5. Setting aside the impugned order and remitting the matter for quantification of unpaid service tax.
6. Safeguarding revenue interests and directing further proceedings.

Analysis:
1. The case involved a dispute regarding the demand of service tax on GSM services provided in a specific area. The Appellants argued that they had paid the service tax for mobile services in the concerned area at a centralized registration in Lucknow, making the demand baseless. The impugned order confirmed a duty demand, interest, and penalties, which the Appellants contested in their appeal.

2. The Appellants highlighted the difference in registration for service tax payment between landline and GSM services. While landline services were registered and taxed at specific locations, GSM services in the entire area of UP (East) Telecom Circle were centrally registered in Lucknow. The Appellants claimed that the demand for service tax on GSM services in Banda was redundant as it had already been paid in Lucknow.

3. The Tribunal observed discrepancies in the impugned order regarding the billing and collection process of the GSM services in question. It was unclear whether the service tax had been accounted for at the Banda office or if the Lucknow office had already paid the tax. The Tribunal emphasized the importance of verifying such details before making a demand for unpaid service tax.

4. The legal interpretation of the registration requirements under Section 69 of the Finance Act, 1994 and Rule 4(1) of Service Tax Rules, 1994 was crucial in this case. The Tribunal clarified that the term "person" in these provisions did not equate to "premises" and that centralized registration was valid if the billing and collections were managed from a central location.

5. Considering the lack of clarity in the impugned order and the absence of evidence supporting the demand for unpaid service tax, the Tribunal set aside the order. However, to protect revenue interests, the matter was remitted for quantification of any actual non-payment of tax, with a directive to thoroughly examine the documents provided by the Appellants.

6. The Tribunal cautioned against turning the issue into a jurisdictional conflict between Commissionerates and emphasized the need to focus on determining any real short payment of tax. It advised conducting further proceedings with diligence, including examining records from relevant offices, to ensure a fair assessment of the tax liability.

In conclusion, the Tribunal allowed the stay petition and the appeal by remanding the matter for a detailed quantification of any unpaid service tax, emphasizing the importance of safeguarding revenue interests and conducting further proceedings diligently to ascertain the actual tax liability.

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