2013 (1) TMI 115 - AT - Service Tax

Excess credit taken on service tax and education cess (including SHE) - order demanding reversal of credit - Held that - Relying upon the ST-3 returns filed by the respondent s Alkapuri Unit before the authorities for the period October 2007 to March 2008 and submits that there was a closing balance of ₹ 12,87,034/- and ₹ 28,376/-. It is his submission that since the unit at Alkapuri was closed, the entire amount lying in credit was taken into account by their Maneja unit. On perusal of the records it seems so. As both the lower authorities have not called for any report from officers in charge of Alkapuri unit as to whether there is a closing balance or not, which needs to be verified by the lower authorities - the impugned order needs to be set aside and the matter be remanded back to the adjudicating authority for reconsideration - in favour of assessee by way of remand.

Summary

Issues:
Excess credit taken on service tax and education cess, validity of show cause notice, eligibility for credit, closure of Alkapuri unit, remand to adjudicating authority.

Analysis:
The appeal was filed by the Revenue against an order directing the respondent to reverse an excess credit of Rs.12,87,034/- on service tax and Rs.28,376/- on education cess. The first appellate authority confirmed a demand of Rs.9,681/- with interest and set aside the penalty. The Revenue contended that the respondent failed to provide evidence of eligibility for the credit. The appellant's counsel argued that the credit from the closed Alkapuri unit was transferred to the Maneja unit, supported by ST-3 returns. However, no report was obtained from officers of the Alkapuri unit to verify the closing balance. The Tribunal found this aspect crucial and remanded the matter to the adjudicating authority for reconsideration, emphasizing the need to follow principles of natural justice. The Tribunal clarified that it did not express any opinion on the case's merits, leaving all issues open for further examination.

The Tribunal's decision to remand the case was based on the lack of verification regarding the closing balance credit from the Alkapuri unit. The lower authorities did not seek a report from the Alkapuri unit officers, a critical oversight in assessing the eligibility for the credit claimed by the respondent. By setting aside the impugned order and allowing the appeal by way of remand, the Tribunal highlighted the importance of verifying the closing balance credit and ensuring a thorough reconsideration by the adjudicating authority. The Tribunal's emphasis on following principles of natural justice underscores the procedural fairness required in such matters, indicating the need for a comprehensive review based on all relevant evidence.

In conclusion, the Tribunal's decision focused on the procedural oversight regarding the closing balance credit from the Alkapuri unit, leading to the remand of the case for a thorough reconsideration by the adjudicating authority. The Tribunal's approach underscored the significance of verifying crucial details and following principles of natural justice in resolving disputes related to tax credits. The remand provided an opportunity for a more comprehensive assessment of the eligibility for the credit claimed by the respondent, ensuring a fair and informed decision based on all relevant factors.