2013 (12) TMI 1274 - AT - Service Tax

Demand of tax - Collection of certain expenditure towards documentation, inspection and royalty charges from the importers - Calculation of taxable value - Reimbursable expenses - Held that - amount deposited by the respondent could be kept with the Revenue till disposal of the appeal. Prima facie, it appears that the respondent admitted that the expenses were charged from the customers. Hence, it is ordered that the deposit made by the respondent would be kept with the Revenue till disposal of the appeal - Decided in favour of Revenue.

Summary

Issues:
1. Stay of operation of the Commissioner (Appeals) order regarding inclusion of certain expenses in taxable value.
2. Release of the tax amount, interest, and penalty deposited by the respondent.
3. Nature of expenses collected by the respondent from importers.
4. Request for release of penalty amount by the respondent.

Analysis:

Issue 1: Stay of operation of the Commissioner (Appeals) order
The Revenue filed an application seeking a stay of the Commissioner (Appeals) order, which confirmed the demand of tax for a specific period. The Ld. Commissioner (Appeals) modified the order, stating that the expenses collected by the respondent from importers were reimbursable and should be included in the taxable value from a certain date. The Revenue contended that the respondent admitted to collecting these amounts from customers, which were not reimbursable expenses. The Tribunal considered the circumstances and decided to keep the amount deposited by the respondent with the Revenue until the appeal's disposal.

Issue 2: Release of tax amount, interest, and penalty
The Authorized Representative for the Revenue argued that the tax amount, interest, and 25% of the penalty had been deposited by the respondent, and requested that these amounts should not be released until the appeal was finalized. The Tribunal agreed with this request and ordered that the deposit made by the respondent be retained by the Revenue until the appeal process concluded.

Issue 3: Nature of expenses collected by the respondent
The respondent, represented by an advocate, clarified that as a C&F agent, they did not collect amounts from importers. The advocate further requested the release of at least the penalty amount deposited by the respondent. However, the Tribunal upheld the decision to retain the deposit with the Revenue until the appeal was resolved, considering the prima facie admission by the respondent regarding the collection of expenses from customers.

Issue 4: Request for release of penalty amount
The respondent's advocate sought the release of the penalty amount deposited by the respondent, emphasizing the nature of their role as a C&F agent. Despite this request, the Tribunal maintained its decision to keep the deposit with the Revenue until the appeal's finalization, indicating that the matter would be reviewed during the appeal hearing.

In conclusion, the Tribunal granted the Revenue's request for the deposit to be retained until the appeal's resolution, considering the nature of the expenses collected by the respondent and the admission made regarding the collection from customers. The applications regarding the stay of operation and the release of the penalty amount were disposed of, with a decision pending on the condonation of delay in filing the cross objection.