2012 (9) TMI 454 - AT - Service Tax

Erection, installation and commissioning - no reply filed by the appellant before adjudicating authority - Held that - As the first appellate authority has dismissed the appeal only on the ground that the grounds taken before him are additional submissions this cannot be the reason for dismissal of the appeal and if there is no reply filed before adjudicating authority, those submissions made before the appellate authority at the time of personal hearing should have been appreciated in a proper perspective - remand the matter back to adjudicating authority to reconsider the issue afresh.

Summary

Issues:
Waiver of pre-deposit of service tax, confirmation of service tax liability, appeal disposal, natural justice principles.

Waiver of Pre-Deposit of Service Tax:
The stay petition sought the waiver of pre-deposit of service tax amounting to Rs. 43,03,582/- along with interest and penalties under the Finance Act, 1994. The amounts were confirmed by the adjudicating authority as service tax liability for services related to erection, installation, and commissioning of projects for various principal contractors. The appellant argued that the principal contractors were already discharging the service tax liability on the entire contract value.

Confirmation of Service Tax Liability:
The first appellate authority upheld the service tax liability, noting the absence of a reply from the appellant before the adjudicating authority. The appellate tribunal observed that the dismissal of the appeal solely on the grounds of additional submissions was not justified. Emphasizing the importance of natural justice, the tribunal set aside the impugned order and remanded the matter back to the adjudicating authority for reconsideration after allowing the appellant an opportunity to reply to the show cause notice and present their case.

Appeal Disposal:
The tribunal, after considering submissions from both sides, decided to dispose of the appeal itself at that juncture due to the narrow compass of the issue involved. The tribunal allowed the stay petition and directed the appellant to file a reply to the show cause notice within thirty days. The adjudicating authority was instructed to reconsider the matter after granting an opportunity of hearing and following the principles of natural justice.

Natural Justice Principles:
In the interest of natural justice, the tribunal emphasized the need for the appellant to have the opportunity to reply to the show cause notice and appear before the adjudicating authority to contest the matter. The tribunal highlighted that the absence of a reply before the adjudicating authority should not be a reason for dismissal and that submissions made before the appellate authority should be considered in the proper perspective. The decision to remand the matter back to the adjudicating authority was made to ensure a fair and just process based on the principles of natural justice.