2014 (7) TMI 1051 - AT - Service Tax

Telecommunication service - non receipt of consideration for services rendered - Wrong availment of CENVAT Credit - non consideration of all pleas of assessee - Violation of principle of natural justice - Held that - during the period for which these demands have been confirmed, the service tax payable on the basis of the amount realized was more than the service tax actually paid. It is considered that assessee s contentions for demand of service, education cess or CENVAT credit were not considered - Matter remanded back for de novo adjudication - Decided in favour of assessee.

Summary

Issues:
- Service tax demand and Cenvat Credit demand confirmed by the Commissioner
- Short payment of service tax for specific months
- Incorrect availing of Cenvat Credit
- Education Cess demand prior to its applicability
- Validity of invoices for Cenvat Credit

Service Tax Demand and Cenvat Credit Demand: The appellant, a Government of India Undertaking providing telecommunication services, appealed against the Commissioner's orders confirming service tax and Cenvat Credit demands. The Commissioner found discrepancies in service tax payments for specific months, leading to short payments. Additionally, the appellant was accused of wrongly availing Cenvat Credit based on incomplete invoices lacking crucial details. The appellant argued that the demands were incorrect, emphasizing that certain amounts included interconnect usage charges not subject to service tax. The Tribunal set aside the demands and remanded the case for reevaluation, considering the appellant's plea regarding the nature of the amounts realized.

Short Payment of Service Tax: The appellant contested the short payment of service tax for particular months, arguing that the amounts realized included non-taxable interconnect usage charges. Despite the appellant's submissions, the Commissioner did not address this issue. The Tribunal acknowledged the appellant's plea and remanded the matter for fresh adjudication to determine the validity of the service tax demands in light of the inclusion of non-taxable charges in the amounts realized.

Incorrect Availing of Cenvat Credit: The Commissioner disallowed Cenvat Credit due to incomplete invoices lacking essential details like service provider registration numbers and service descriptions. The appellant refuted this decision, asserting that the denial was unjustified and not based on a thorough examination of their submissions. The Tribunal decided to remand the issue for a fresh decision after scrutinizing each disputed invoice to ascertain if they met the necessary requirements for claiming Cenvat Credit.

Education Cess Demand Prior to Applicability: The appellant challenged the Education Cess demand, arguing that it pertained to a period before the cess became applicable. Despite this argument, the Commissioner did not provide a conclusive finding on the matter. The Tribunal directed a reevaluation of the Education Cess demand to determine its validity concerning the period when the cess was not yet leviable.

Validity of Invoices for Cenvat Credit: The appellant raised concerns about the validity of invoices used for availing Cenvat Credit, claiming that the invoices contained the required details as per the Service Tax Rules, 1994. The Tribunal decided to remand this issue for a fresh decision, emphasizing the need to examine each disputed invoice thoroughly to ascertain their compliance with the invoicing requirements for claiming Cenvat Credit.

In conclusion, the Tribunal set aside the Commissioner's orders and remanded all issues for reevaluation and de-novo adjudication, considering the appellant's submissions and pleas regarding the service tax demands, Cenvat Credit, Education Cess demand, and the validity of invoices.