2013 (6) TMI 540 - AT - Service Tax

GTA - service tax on the services of GTA on 25% of gross amount of value - declaration/certificate from the provider of the said services - Held that - It is the contention of the Revenue that declaration with regard to provision (i) and (ii) are to be made on body of each consignment note. Appellants in this case have produced declaration/certificates on annual basis. - Benefit of exemption allowed - Decided in favor of assessee.

Summary

Issues:
1. Alleged wrongful availment of exemption under Notification No.32/2004 ST.
2. Interpretation of declaration requirements under the Notification.
3. Admissibility of annual basis declarations for exemption eligibility.

Analysis:
1. The appeal involved a case where the appellants were accused of wrongly availing exemption under Notification No.32/2004 ST for services of "Goods Transport Agency by Road." The issue arose from the appellants paying service tax on only 25% of the gross value without submitting the required declaration/certificate from the service provider, leading to an alleged underpayment of service tax amounting to Rs. 39,47,929.

2. The central question revolved around the interpretation of the declaration requirements specified in the Notification. The Revenue contended that declarations regarding non-availment of Cenvat Credit and benefit of exemption needed to be made on each consignment note. However, the appellants had provided annual basis declarations instead of per consignment note declarations, which was challenged by the Revenue.

3. In the analysis, reference was made to a previous Tribunal decision in the case of M/s Paliwal Home Furnishing vs. Commissioner of Service Tax, Delhi, where it was established that certificates provided by Goods Transport Agencies on their letterheads regarding non-availment of Cenvat Credit and exemption benefits were deemed sufficient for compliance with the Notification's conditions. The Tribunal's decision set a precedent that annual basis declarations were acceptable for exemption eligibility under Notification No.32/2004 ST as amended, leading to the allowance of the appeal in favor of the appellants.