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2014 (5) TMI 459 - HC - Service TaxDemand of service tax - import of services - service provided by an individual residing outside India - Whether the Hon ble CESTAT is right in holding that the Service Tax was leviable only with effect from 18-4-2006 - Held that - Tribunal committed any error in setting aside the Service Tax demand. When we find that the charging Section making service recipient liable to pay Service Tax, in certain circumstances was introduced by virtue of Section 65A of the Finance Act, 1994 with effect from 18-4-2006, any demand of Service Tax prior to the said period, merely relying on Rule 2(1)(d)(iv) of the Service Tax Rules was wholly impermissible - Following decision of Unitech Ltd. 2009 (5) TMI 56 - DELHI HIGH COURT and Indian National Shipowners Association 2008 (12) TMI 41 - BOMBAY HIGH COURT - Decided against Revenue.
Issues involved:
1. Interpretation of the liability for Service Tax prior to 18-4-2006. 2. Application of Section 66A of the Finance Act, 1994. 3. Consideration of Rule 2(1)(d)(iv) of the Service Tax Rules, 1994. 4. Effect of judicial pronouncements on the liability of the service recipient for Service Tax. Detailed Analysis: 1. The main issue in this case is the recovery of Service Tax concerning services provided by an individual residing outside India before 18-4-2006. The dispute arose when M/s. Unimark Remedies Limited appointed a foreign-based agent for promoting export of pharmaceutical products without paying Service Tax. The Tribunal initially ruled in favor of the Revenue, but the Commissioner (Appeals) partially favored the assessee, setting aside the demand for a specific period. The matter was remanded to the Commissioner (Appeals) by the Customs Excise & Service Tax Appellate Tribunal (CESTAT) for reconsideration in light of relevant judgments. 2. The Court referred to Section 66A of the Finance Act, 1994, which introduced a significant change in the collection of Service Tax. However, the case in question pertained to the period before the enactment of Section 66A. The Court highlighted Rule 2(1)(d)(iv) of the Service Tax Rules, 1994, which was crucial in determining the liability for Service Tax prior to 18-4-2006. The judgment emphasized the absence of a charging Section before the introduction of Section 66A, leading to the conclusion that demanding Service Tax based solely on Rule 2(1)(d)(iv) was impermissible. 3. The Court extensively discussed the Bombay High Court's ruling in a similar case, emphasizing that the law did not authorize the imposition of Service Tax on a person residing in India for services received from abroad before the enactment of Section 66A. The judgment highlighted the necessity of a charging Section to make the service recipient liable for Service Tax, which was absent before 18-4-2006. The Court also noted the Delhi High Court's decision, which aligned with the Bombay High Court's interpretation, further supporting the assessee's position. 4. The Court dismissed the appeal by the Revenue, citing previous judgments that addressed the same issue in favor of the assessee. The decision was based on established legal principles and interpretations of relevant provisions, emphasizing the need for a clear charging Section to impose Service Tax on the recipient. The judgment concluded that the Tribunal's decision to set aside the Service Tax demand was appropriate given the legal framework before the introduction of Section 66A.
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