2012 (7) TMI 80 - AT - Service Tax

Levy of service tax on the tickets - Airport Service - assessee submitted that SCN issued is barred by limitation - Held that - On verification of the records it was revealed that it does not cover the amount of tickets sold prior to 01.05.2006 for the journey carried out on or after 01.05.2006 - as there exists suppression of fact on the part of the applicants the extended period of limitation has rightly been invoked - failure to make out a case for waiver of pre-deposit of amounts involved - against revenue.

Summary

Issues:
Waiver of pre-deposit of service tax, interest, and penalties imposed on tickets sold for international journeys; Barred by limitation defense; Suppression of facts regarding ticket sales prior to 01.05.2006; Financial crisis faced by the applicants.

Analysis:
The case involved an application for waiver of pre-deposit of service tax, interest, and penalties imposed on tickets sold for international journeys. The applicants, engaged in transporting passengers for international journeys, were required to pay service tax on charges collected for services rendered. The department issued a show-cause notice invoking the extended period of limitation for recovery of the differential amount of service tax on tickets sold before and after 01.05.2006. The applicants argued that the demand was barred by limitation as they had provided necessary information in 2007 and faced financial crisis, requesting a stay. However, the Tribunal found that the details submitted in 2007 did not cover ticket sales prior to 01.05.2006, indicating a suppression of facts. As there was no dispute on the service tax liability, the Tribunal held that the applicants failed to justify a waiver of pre-deposit. Consequently, the applicants were directed to make a pre-deposit of the entire service tax amount within eight weeks, with the waiver of interest and penalties upon deposit. Non-compliance would lead to the vacation of stay and dismissal of the appeal without notice.

The Tribunal rejected the limitation defense raised by the applicants, emphasizing the suppression of facts regarding ticket sales before 01.05.2006. Despite the financial crisis faced by the applicants, the Tribunal held that the invocation of the extended period of limitation was justified due to the prima facie suppression of facts. The Tribunal noted that the applicants had been regularly paying service tax from 01.05.2006 but failed to disclose relevant information on ticket sales prior to that date. This lack of disclosure led to the conclusion that the applicants did not meet the criteria for a waiver of pre-deposit. The Tribunal's decision focused on the applicants' failure to provide complete information, resulting in the denial of their request for a waiver and the imposition of a pre-deposit requirement.

The Tribunal's analysis highlighted the importance of full disclosure in tax matters, especially regarding historical transactions that could impact the assessment of liabilities. Despite the financial difficulties faced by the applicants, the Tribunal prioritized the accuracy and completeness of information provided to tax authorities. By emphasizing the need for transparency and compliance with tax regulations, the Tribunal underscored the significance of maintaining accurate records and disclosing all relevant details to avoid disputes and ensure fair tax assessments. The decision served as a reminder of the consequences of incomplete disclosure and the implications for requests for waivers or reliefs in tax matters.