2011 (11) TMI 517 - AT - Service Tax

Show cause notice was issued asking them why service tax of Rs. 4,14,79,640/- should not be recovered from them under Section 73(1) of the Finance Act, 1994 along with appropriate interest and why penalties under Sections 76, 77 and 78 - Adjudicating Authority have already discussed in the brief facts of the case that the amount of Rs. 3,57,32,380/- have been deposited by the appellants through book adjustment through their headquarters office at Lucknow - It is true that DTS was changed into BSNL with effect from 1-11-2000 - The fact that they paid service tax through a mode which was permissible earlier but was not permissible from 1-11-2000, cannot be a very serious matter considering that it is a procedural matter and not a substantive matter. What is required is to verify whether tax dues have been paid in the designated account of Government of India for receiving service tax payment - The Counsel for the BSNL submits that they are willing to produce documents showing payment of impugned service tax into the designated account though such payment was not through TR-6 challans - Appeal is rejected

Summary

Issues:
1. Proper method of paying service tax by the Department of Telecom Services (DTS) prior to 1-11-2000 and after being constituted as a company.
2. Adjudication of service tax demand, interest, and penalties under Sections 76, 77, and 78 of the Finance Act.
3. Appeal filed by the respondents against the order confirming the demand and penalties.
4. Appeal filed by Revenue challenging the Commissioner (Appeals) order regarding service tax payment method by book transfer.
5. Verification of tax dues payment and compliance with the law.

Analysis:

1. The case involved a dispute regarding the proper method of paying service tax by the Department of Telecom Services (DTS) before and after its transformation into a company. The DTS had been paying service tax through book transfer to the Government account "0044." Even after becoming a company, the practice continued with Bharat Sanchar Nigam Ltd. (BSNL). The Revenue contended that this method was not in accordance with the Service Tax Rules, leading to a demand for recovery of service tax, interest, and penalties under Sections 76, 77, and 78 of the Finance Act.

2. The adjudicating authority confirmed the demand and penalties as proposed in the show cause notice. However, the respondents appealed to the Commissioner (Appeals), arguing that they had deposited the service tax through book adjustment to their Circle Office, following past practices. The Commissioner (Appeals) found that the case required re-examination and remanded it back to the adjudicating authority for a fresh speaking order, emphasizing the need for proper verification before demanding payment.

3. The Revenue, aggrieved by the Commissioner (Appeals) order, filed an appeal challenging the acceptance of the payment method by book transfer by BSNL. The Tribunal noted that while the payment method might have changed after the transformation, the focus should be on verifying whether the tax dues were paid to the designated account of the Government of India. The Tribunal rejected the Revenue's appeal, emphasizing the importance of verifying actual payment and directing BSNL to produce evidence of service tax payment for appropriate adjudication.

4. The Tribunal highlighted that the procedural irregularity in the payment method should not overshadow the verification of actual tax dues payment. Emphasizing the importance of confirming the receipt of tax dues in the designated account, the Tribunal rejected the Revenue's appeal and upheld the Commissioner (Appeals) order for BSNL to provide evidence of payment for further adjudication.

5. In conclusion, the Tribunal focused on the need for proper verification of tax dues payment rather than procedural irregularities in the payment method. The case highlighted the importance of ensuring compliance with the law and verifying actual payment before demanding additional taxes and imposing penalties.