2014 (1) TMI 1097 - AT - Service Tax

Waiver of pre-deposit - Business Auxiliary Services - Held that - appellant has been taking a consistent stand before the lower authorities that such moulds are used by them in manufacturing of glass bottles, which would indicate that the charges which are paid by them were in respect of services rendered towards their final product and used in the manufacturing activity. It is also seen that the appellant is taking a consistent stand that even if the service tax liability is paid the same is available as credit, as the said moulds are used for manufacturing of glass bottles on which appropriate Central Excise duty liability is discharged. We find prima facie case that the appellant need not discharge service tax on such development charges paid by them to upcountry manufacturers of moulds - impugned order needs to be set- aside and the matter be restored in the file of first appellate authority to its original number, with directions to consider the issue afresh and decide the appeal on merits without insisting on any pre-deposit from the appellant - Decided in favour of assessee.

Issues involved:
Waiver of pre-deposit in service tax liability under Business Auxiliary Services; Taxation of design and development charges paid to upcountry manufacturers/fabricators of moulds under reverse charge mechanism.

Analysis:
The appeal in this case pertains to a stay petition seeking the waiver of pre-deposit of amounts confirmed as service tax liability under Business Auxiliary Services. The first appellate authority had rejected the appeal solely on the grounds of non-compliance with the pre-deposit order. The Tribunal found that the appeal itself could be disposed of without the need for pre-deposit, as the appellant consistently argued that the charges paid for design and development of moulds were related to services used in their manufacturing activity. The Tribunal observed that the appellant maintained that even if service tax liability was paid, it could be credited as the moulds were utilized in the manufacturing of glass bottles subject to Central Excise duty. Consequently, the Tribunal held that there was a prima facie case that the appellant was not required to discharge service tax on the development charges paid to upcountry manufacturers. The matter was remanded to the first appellate authority for a fresh consideration on merits without insisting on any pre-deposit.

The Tribunal emphasized the need for the first appellate authority to adhere to the principles of natural justice while reconsidering the issue. The decision to set aside the impugned order and remand the matter was made to ensure a fair and comprehensive evaluation of the appellant's contentions regarding the taxability of the design and development charges. The Tribunal allowed the appeal by way of remand, directing the first appellate authority to re-examine the issue without requiring any pre-deposit from the appellant. The judgment underscores the importance of a thorough and just determination of tax liabilities, especially concerning intricate aspects like the taxation of charges paid for services utilized in manufacturing processes.

This judgment highlights the significance of ensuring a balanced and equitable approach in tax matters, particularly when intricate issues such as the taxability of specific charges under the reverse charge mechanism are involved. The Tribunal's decision to remand the case for a fresh consideration underscores the importance of a thorough and impartial assessment of the facts and legal arguments presented by the appellant. By allowing the appeal and directing a reevaluation without pre-deposit, the Tribunal aimed to uphold fairness and justice in the adjudication process, emphasizing the need for a comprehensive examination of the appellant's contentions regarding the tax treatment of the design and development charges paid to upcountry manufacturers/fabricators of moulds.

← Previous Next →