2013 (12) TMI 1381 - AT - Service Tax

Stay application - Demand of service tax - Commercial or Industrial Construction services - Held that - sub-contractor is also liable to discharge the Service Tax liability. We find from the records that for the years 2006-2007 and 2007-2008, the appellant has been filing the Service Tax returns, indicating therein the amount of Service Tax paid by them. At this juncture, we find that the Service Tax liability within the period of one year from the date of issue of show cause notice would be leviable on the appellant. The show cause notice was issued on 08.09.2009. It is the claim of the ld. Counsel that the appellant is facing financial hardships, though not substantiated by any document on record - Partial stay granted.

Summary

Issues:
Confirmation of demand of Service Tax for the period from 2003-2004 to 2008-2009; Discharge of Service Tax liability under Commercial or Industrial Construction services as a sub-contractor; Invocation of extended period of limitation for non-filing of returns for 2004-2005 and 2005-2006; Consideration of Board's circular dt.23.08.2007 regarding sub-contractor's liability; Financial hardships faced by the appellant.

The judgment addresses the confirmation of demand of Service Tax for the period from 2003-2004 to 2008-2009. The appellant, a sub-contractor, argues that the Service Tax liability imposition is time-barred due to regular return filings with lower authorities. The respondent contends that the appellant failed to file returns for 2004-2005 and 2005-2006, justifying the extended period of limitation. The tribunal acknowledges the contentious nature of the issue, requiring detailed examination during final appeal disposal. The tribunal notes the appellant's regular filing of Service Tax returns for 2006-2007 and 2007-2008, indicating payment. The tribunal determines that the Service Tax liability within one year of the show cause notice issuance is applicable, issued on 08.09.2009. Despite the appellant's claim of financial hardships, lacking documented proof, the tribunal considers the appellant's statement and imposes a condition for further appeal consideration.

The tribunal directs the appellant to deposit Rs.15 lakhs within eight weeks and report compliance by 03.07.2013 to the Deputy Registrar, CESTAT, Ahmedabad. Upon verification of compliance, the file will be presented before the Bench for an appropriate order on 10.07.2013. Subject to compliance, the application for waiver of the remaining balance is approved, and recovery is stayed until the appeal's final disposal.