2013 (5) TMI 395 - HC - Service Tax

Stay for levy and collection of Service Tax - Circular dated 1.1.2013 - Held that - After hearing the respective parties and in the context of the current ineffectual functioning of the Tribunal, a fact not disputed by the Revenue, it is appropriate to dispose of the writ petitions directing the respondents not to initiate any coercive measures for recovery of the Central Excise liability or Service Tax liability or interest and penalties, as the case may be, as assessed in the Orders-in-Original or as confirmed in the appeals, as the case may be, pending disposal of the applications filed by the petitioners for waiver of pre-deposit and wherever filed, the applications for stay of the Central Excise or Service Tax, interest and penalties, as the case may be. The liability of the petitioners is confirmed, and, shall be subject to orders to be passed by the Tribunal in the interlocutory applications preferred by the petitioners.

Issues: Ineffectual functioning of the Tribunal, Coercive recovery measures, Applications for waiver of pre-deposit and stay of tax, Circular challenging, Disposal of writ petitions

Ineffectual Functioning of the Tribunal:
The judgment dealt with several writ petitions where the core issue revolved around the ineffectual functioning of the Tribunal due to a vacancy in the office of the Technical Member. The petitioners had filed appeals and applications for waiver of pre-deposit and stay of tax, but due to the Tribunal's inability to take up these applications, the petitioners sought relief from the High Court.

Coercive Recovery Measures:
The petitioners raised concerns about the Circular issued by the Central Board of Excise and Customs, directing Revenue to initiate recovery proceedings if no stay was granted within 30 days of filing an appeal. The petitioners did not challenge the Circular but requested the High Court to direct Revenue not to initiate coercive measures until the Tribunal disposed of their applications for waiver and stay.

Applications for Waiver of Pre-deposit and Stay of Tax:
The petitioners had filed applications for waiver of pre-deposit and stay of tax as determined by the Orders-in-Original or confirmed in Orders-in-Appeal. The High Court, considering the Tribunal's ineffectual functioning, directed that no coercive measures for recovery of tax, interest, or penalties be initiated until the Tribunal decided on the petitioners' applications.

Circular Challenging and Disposal of Writ Petitions:
While the Circular issued by the Central Board of Excise and Customs was challenged in some writ petitions, the petitioners chose not to pursue this challenge. The High Court disposed of the writ petitions by directing Revenue not to initiate coercive measures until the Tribunal addressed the applications for waiver of pre-deposit and stay of tax. The liability of the petitioners to remit tax, interest, and penalties would be subject to the Tribunal's orders on their applications.

This judgment by the Andhra Pradesh High Court addressed the issues surrounding the ineffectual functioning of the Tribunal, concerns about coercive recovery measures, applications for waiver of pre-deposit and stay of tax, and the disposal of writ petitions in light of these issues. The High Court provided relief to the petitioners by directing Revenue not to initiate coercive measures until the Tribunal decided on their applications, ensuring a fair process for the petitioners while maintaining the tax liability subject to the Tribunal's orders.

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