2007 (4) TMI 141 - AT - Service Tax

Refund (Service tax) - Appellant claim for refund on the ground that they leased the vehicles to other tour operators and service tax also paid by them - Matter remanded to original authority for reconsideration and decided afresh

Summary

Issues:
1. Stay application and appeal being taken up together for remand for de novo regarding Service Tax liability on 'Tour Operator' service.

Analysis:
1. The Commissioner (A) confirmed the Service Tax liability on the appellants for the period from April 2000 to September 2004 as 'Tour Operators.' The appellants claimed they had deposited the entire amount, stating they only leased vehicles to other tour operators who had already paid the Service Tax. However, the documents supporting this claim were not presented during the hearing before the Commissioner (A), leading to the confirmation of demands.

2. The appellants' counsel now presented all relevant documents, showing double payment as both the appellants and other tour operators had already paid the amounts. The counsel argued for a refund of the appellants' amount and opposed levying Service Tax since the tax had been discharged by the other tour operators to whom the vehicles were leased. Assurance was given to produce all necessary documents to demonstrate this fact.

3. The Judicial Member after reviewing the documents in the paper-book, acknowledged that these crucial documents were not previously submitted. Consequently, there was no objection raised for remanding the matter for de novo adjudication to the Original Authority.

4. Upon careful consideration, it was observed that the appellants had indeed paid the entire Service Tax and provided TR-6 Challan as evidence. The appellants contended that they had leased vehicles to other tour operators who had also fulfilled their duty obligations for the relevant period. Supporting documents were furnished, and the counsel suggested that the Original Authority could verify the payment made by other tour operators. Given the documents and submissions, the Tribunal accepted the plea for remand. The impugned order was set aside, and the matter was remanded to the Original Authority for verification of the documents and submissions. The decision was to be made adhering to the Principles of Natural Justice, with an order to be issued within four months from the receipt of the remand order. The deposited amounts were to remain untouched until the final adjudication.