2011 (7) TMI 941 - AT - Service Tax

Demand - Appellate Authority found that the Appellant had utilised the service of sugarcane transport contractors for transportation of sugarcane from various sugarcane collection centers and the service so received escaped levy of Service Tax - Consignment note may not necessarily be in any format since no such format is prescribed under law but the documents accompanying the goods identifying the consignor and consignee, route of consignment enable to construe what a consignment note is and the Appellant s grievance that the consignment note was mandatory does not find support of law when fact and circumstances demonstrate route of goods moved disclosing identity of consignor and consignee and goods consigned - pre-deposit ordered.

Summary

Issues:
1. Liability of the Appellant for service tax on transportation services received.
2. Requirement of consignment notes for determining liability.
3. Granting waiver of pre-deposit to the Appellant.

Analysis:

Issue 1: Liability of the Appellant for service tax on transportation services received
The Appellate Authority examined the usage of sugarcane transport contractors by the Appellant for transporting sugarcane, which was deemed to have escaped the levy of Service Tax. The Authority referred to relevant sections of the Finance Act, 1994, and the Service Tax Rules, 1994, to determine the liability of the Appellant. After analyzing the facts in conjunction with the law, the Authority upheld the Adjudication, concluding that the Appellant was indeed liable for the service tax on the transportation services received.

Issue 2: Requirement of consignment notes for determining liability
The Appellant argued that they were not provided with consignment notes, contending that this absence absolved them of any liability. However, the Appellate Authority, supported by the DR, found that the matter was correctly understood by the lower authorities. The absence of a prescribed format for consignment notes did not negate the existence of documents accompanying the goods that identified the consignor, consignee, and the route of consignment. The Authority held that the presence of these details was sufficient to determine the nature of the consignment, rejecting the Appellant's claim that a consignment note was mandatory. Consequently, the Appellant was directed to make a pre-deposit of the entire service tax amount demanded within a specified timeframe.

Issue 3: Granting waiver of pre-deposit to the Appellant
The Appellant sought a waiver of the pre-deposit, but the Authority ruled against it, emphasizing that the interest of Revenue should not be prejudiced. The Appellant was instructed to comply with the pre-deposit requirement by a specified date, with the realization of the balance demand stayed during the pendency of the appeal. The stay applications were disposed of accordingly, with the Appellant required to adhere to the compliance terms set by the Authority.

This detailed analysis of the judgment highlights the key issues addressed by the Appellate Tribunal CESTAT, New Delhi, providing a comprehensive overview of the legal reasoning and decisions made in the case.