2014 (5) TMI 574 - AT - Service Tax

Demand of Service Tax and education cesses - extended period of limitation - Held that - It is submitted that, at no stage of audit, any objection regarding the fees collected from SWIPL was raised. In this connection, the learned Deputy Commissioner (AR) refers to the various documents relied upon in the show cause notice and submits that it was only at the stage of investigation that the appellant came forward to disclose the relevant facts through statements. These statements were given only in August 2009. At no stage during the period of dispute did the appellant voluntarily disclose the material facts to the department and, therefore, the extended period of limitation was correctly invoked in this case. After considering the submissions, we have found a valid point in the submissions made by the Deputy Commissioner (AR) and, therefore, the plea of limitation is prima facie unacceptable at the present stage - Conditional stay granted.

Summary

Issues:
1. Demand of Service Tax and education cesses for the period from May 2006 to June 2009 under "Business Support Services."
2. Penalties imposed on the Appellant under various provisions of the Finance Act, 1994.
3. Limitation against the impugned demand.
4. Classification of the service under "Renting of Immovable Property" or "Business Support Services."

Analysis:

1. The judgment primarily deals with the demand of Service Tax and education cesses on the Appellant for providing "Business Support Services" to another company. The Appellant had leased out immovable properties and infrastructural facilities to M/s. South West Infrastructure Pvt. Ltd. The Tribunal found that the Appellant was transferring infrastructural facilities to enable the other company to carry on business, thus falling under the definition of "Business Support Services."

2. The Appellant sought waiver and stay against penalties imposed under the Finance Act, 1994. The Tribunal directed the Appellant to pre-deposit a specific amount within a stipulated time frame, subject to which there would be a waiver of pre-deposit and stay of recovery in respect of the remaining amount of Service Tax, education cesses, interest, and penalties.

3. The Appellant raised the issue of limitation against the demand, arguing that the show cause notice was issued after a significant gap following the audit of their records. However, the Tribunal found the plea of limitation prima facie unacceptable, as the Appellant did not disclose material facts voluntarily to the department during the period of dispute.

4. The Appellant attempted to classify the service under "Renting of Immovable Property" using Section 65A of the Finance Act, 1994. The Tribunal rejected this argument, stating that the transactions between the Appellant and SWIPL were more aligned with the nature of "Business Support Services" rather than mere renting of property, ruling out the applicability of Section 65A for classification.

In conclusion, the judgment upheld the demand of Service Tax and education cesses under "Business Support Services," directed a pre-deposit by the Appellant, rejected the plea of limitation, and clarified the classification of the service provided by the Appellant as "Business Support Services."