9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (10) TMI 492 - AT - Service TaxNon fulfillment of conditions of Notification No.32/2004-ST dated 03.12.2004 and Notification No.1/2006-ST dated 01.03.2006 - declaration required to be filed by the respective GTA as prescribed has not been complied with - Held that - In absence of any particular format prescribed under the respective notifications, the department insisting for declaration on each consignment note for allowing the abatement under the said Notifications is un-sustainable in law. In these circumstances the declarations filed by the goods transport agencies (GTA) in their letter-heads or in the respective payment bills certifying that they have not availed CENVAT Credit on inputs or capital goods nor availed the benefit of exemption Notification 12/2003-ST dated 20.06.2003 should have been accepted by the department in extending the benefit of Notification No.32/2003-ST and 1/2006-ST - in favour of assessee.
Issues:
Waiver of pre-deposit of Service Tax, eligibility of abatement under Notification No.32/2004-ST and Notification No.1/2006-ST, compliance with declaration requirements, interpretation of Circulars by C.B.E.C., sufficiency of declarations from goods transport agencies, format of certificates for non-availment of CENVAT Credit. Waiver of Pre-Deposit of Service Tax: The appellant sought waiver of pre-deposit of Service Tax amounting to Rs.10,88,08,210/- along with penalties under Sections 77 and 78 of the Finance Act, 1994. The Senior Advocate argued that the appellant had fulfilled the conditions of exemption Notifications No.32/2004-ST and No.1/2006-ST, despite show cause notices claiming otherwise. The appellant provided certificates from transport agencies stating non-availment of credit on inputs or capital goods. The Advocate contended that a general declaration from the transport agency, as per Circulars by C.B.E.C., should suffice, citing a previous Tribunal order in a similar case. Eligibility of Abatement under Notifications: The core issue revolved around the eligibility of 75% abatement from the taxable value of services by a goods transport agency under Notification No.32/2004-ST and No.1/2006-ST. The dispute arose from the requirement of a declaration by the goods transport agency, as per Circulars, which the Revenue alleged was not complied with by the appellant. The appellant argued that declarations provided by the transport agencies on their letterheads and in payment bills were sufficient, as per Circular clarifications. The Tribunal noted that the Notifications did not prescribe a specific format for such certificates, and previous judgments supported the sufficiency of declarations on letterheads. Compliance with Declaration Requirements: The Revenue contended that the appellant failed to produce declarations on each consignment note as required by Circulars and orders. However, the Tribunal emphasized that in the absence of a prescribed format under the Notifications, insisting on declarations on each consignment note was legally unsustainable. The Tribunal upheld the acceptability of declarations filed by goods transport agencies on their letterheads or payment bills certifying non-availment of CENVAT Credit or benefits under Notification No.12/2003-ST. Interpretation of Circulars by C.B.E.C.: The Tribunal analyzed Circulars issued by C.B.E.C. clarifying the requirements for availing abatement under the relevant Notifications. It noted that the Circulars did not mandate declarations on each consignment note, and the sufficiency of declarations on letterheads was supported by previous judgments. The Tribunal found that the Revenue's objection to annual declarations was not valid, as long as the declarations were made by the transport agencies. Sufficiency of Declarations from Goods Transport Agencies: The Tribunal concluded that the declarations provided by goods transport agencies on their letterheads or payment bills, confirming non-availment of CENVAT Credit or benefits under Notification No.12/2003-ST, should have been accepted by the department for extending the benefits under the Notifications. The Tribunal held that the impugned orders by the Commissioner lacked merit and set them aside, allowing the appeals. Format of Certificates for Non-Availment of CENVAT Credit: The Tribunal emphasized that in the absence of a specified format under the Notifications, the department's insistence on declarations on each consignment note for availing abatement was legally unsustainable. Declarations on letterheads or payment bills from goods transport agencies certifying non-availment of CENVAT Credit or benefits under Notification No.12/2003-ST should have sufficed for extending the benefits under the Notifications. The Tribunal found the Commissioner's order unsustainable, setting it aside and allowing the appeal in line with previous judgments.
|
