2013 (7) TMI 859 - AT - Service Tax

Rate of service tax - 5% or 8% - date of providing service or the date of issue of invoices was mainly in issue Held that - The respondent has rightly paid the service tax as applicable on the date of providing the service as decided in CCE & C, Vadodara vs. Schott Glass India Pvt. Limited (2009 (1) TMI 45 - HIGH COURT OF GUJARAT)- taxable event is providing the taxable service and not the raising invoice or making payment appeal allowed in the favour of the assessee.

Summary

Issues:
Relevant date for service tax - Date of providing service or date of issue of invoices

Analysis:
The appeal was filed by the Revenue against the order passed by the Commissioner of Central Excise (Appeal) Rajkot. The case involved M/s. Kandla Port Trust, providing Port Services and holding service tax registration. The department observed that the respondent paid service tax at rates different from those prevailing at the time of raising invoices. The show cause notice issued resulted in a demand of service tax and a penalty imposed by the Joint Commissioner, Rajkot. The Commissioner Central Excise (Appeals) Rajkot allowed the respondent's appeal, setting aside the original order. The Revenue challenged this decision before the Appellate Tribunal CESTAT AHMEDABAD.

During the proceedings, the issue at hand was identified as determining the relevant date for service tax - whether it should be based on the date of providing service or the date of issuing invoices. The Tribunal referred to decisions by the Hon'ble High Courts of Gujarat and Delhi, which clarified that the taxable event is the provision of the service, not the issuance of invoices or receipt of payment. Based on these precedents, the Tribunal concluded that the respondent correctly paid the service tax based on the rates applicable at the time of providing the service. Consequently, the Commissioner (Appeals) decision to allow the respondent's appeal was upheld, and the Revenue's appeal was rejected.

The judgment was pronounced on 17/5/2013 by Sahab Singh, J. The case serves as a significant precedent regarding the determination of the relevant date for service tax assessment, emphasizing that the taxable event is the provision of the service rather than the issuance of invoices or receipt of payment.