2013 (5) TMI 179 - AT - Service Tax

Service tax - rate of tax - As per revenue rate of tax leviable on the service provided by the appellant would be the rate which was in existence at the time of receipt of the bill or at the time of receipt of consideration. Held that Following the decision of tribunal in Reliance Industries Ltd. vs. CCE Rajkot 2008 (1) TMI 86 rate applicable at the time of rendering the service is rate on which service tax liability is required to be discharged even if the consideration for the said service was received subsequently. Thus, the impugned order set aside and appeal is allowed.

Summary

Issues Involved:
Determining the applicable rate of service tax - date of rendering service vs. date of receiving consideration.

Analysis:

Issue 1: Determining the applicable rate of service tax

The case revolved around the question of whether the rate of tax leviable on the service provided should be based on the rate existing at the time of rendering the service or at the time of receiving the consideration. The appellant had entered into a work contract in 2007, raised manufacturing bills, and discharged the service tax liability in April 2008 at a rate of 2.06%. However, due to a change in the service tax rate to 4.12% at that time, the Revenue demanded the differential amount.

Analysis of Judgment:
The Tribunal referred to the case of Reliance Industries Ltd. vs. CCE Rajkot [2008 (10) STR 243 (Tri-Ahmd)], where it was held that the rate applicable at the time of rendering the service is the rate on which the service tax liability should be discharged, even if the consideration for the service was received subsequently. Following this precedent, the Tribunal in the present case set aside the impugned order and allowed the appeal with consequential relief. The decision was based on the principle that the rate of tax should be determined at the time of providing the service rather than at the time of receiving consideration.

Conclusion:
The judgment clarified that the rate of service tax applicable to a particular service should be based on the rate in force at the time of rendering the service, regardless of when the consideration for the service is received. This interpretation ensures consistency and certainty in tax liability determination for service providers and aligns with the legal precedent established in the Reliance Industries Ltd. case.

In conclusion, the judgment by the Appellate Tribunal CESTAT NEW DELHI, delivered by Ms. Archana Wadhwa, addressed the issue of determining the applicable rate of service tax in a specific case involving the timing of rendering services and receiving consideration. By following established legal precedent, the Tribunal clarified that the rate of tax should be based on the time of providing the service rather than the time of receiving consideration, leading to the allowance of the appeal with consequential relief.