2012 (8) TMI 20 - AT - Service Tax

Payment of service tax under wrong accounting code Held that - while making the payment wrong service tax code relating to erection, installation and commissioning , indicated merits to be considered and having regards to facts of the case and Board s Circular No.58/7/2003-ST, dated 20.05.03 issued from F.No.159/2/2003-CX-4 and therefore adjustment of payment in the correct account code are allowed. - it is for the Revenue to take up the matter with the P.A.O. - Decided in favor of assessee

Summary

Issues:
1. Liability of the assessee to pay service tax for management, maintenance, or repair services.
2. Sustainability of the demand for the extended period.
3. Sustainability of penalties imposed under various Sections.

Analysis:

Liability to Pay Service Tax:
The appeal before the Appellate Tribunal CESTAT, Ahmedabad involved the liability of the assessee, engaged in the manufacture of excisable goods, for payment of service tax on services provided. The Revenue contended that the assessee failed to pay service tax for management, maintenance, or repair services rendered, even though they applied for service tax registration belatedly. The original adjudicating authority dropped the proceedings, leading to the appeal.

Extended Period Demand:
The Tribunal analyzed the details of the case, submissions, and related judgments. It was established that the assessee provided maintenance services for diesel generating sets without registering or paying service tax initially. However, they later filed ST-3 returns, declaring the amount collected for maintenance services chargeable under service tax. The activities fell under the category of management, maintenance, or repair services as per the Finance Act, 1994. The Tribunal noted that the assessee rectified the service tax code issue and adjusted the payment correctly, as per relevant circulars.

Penalties Imposed:
The Tribunal found that the assessee had paid service tax for the services rendered, albeit under a wrong service tax code initially. Considering the facts of the case and relevant circulars, the Tribunal accepted the assessee's plea and allowed the adjustment of the payment in the correct account code. Consequently, the Tribunal concluded that the proceedings initiated against the assessee lacked legal basis and should be dropped. The appeal filed by the Revenue was rejected, affirming the decision in favor of the assessee.

In conclusion, the judgment by the Appellate Tribunal CESTAT, Ahmedabad addressed the liability of the assessee to pay service tax for specific services, the sustainability of the demand for the extended period, and the penalties imposed. The Tribunal found in favor of the assessee, emphasizing the rectification of the payment issue and the acceptance of the plea based on relevant circulars and legal considerations.