2014 (8) TMI 546 - AT - Service Tax

Waiver of pre deposit - Coercive steps for payment of dues - Revenue contends that assessee are providing services of business support services to their own offices situated outside SEZ unit - Held that - appellant/assessee deposited entire amount of service tax liability and interest thereof, and are challenging to liability to service tax. Since the entire amount of service tax liability and the interest thereof stands deposited with the Revenue Authorities, we allow the applications for waiving the condition of pre-deposit of the balance amounts involved and stay the recovery thereof till the disposal of appeals - Stay granted.

Summary

Issues: Service tax liability on SEZ unit, Coercive actions by Revenue Authorities, Displeasure on lower authorities

Service Tax Liability on SEZ Unit:
The case involved the service tax liability on the appellant, who is a SEZ unit, for providing business support services to their offices outside the SEZ unit. The appellant had deposited the entire amount of service tax liability and interest but challenged the liability. The Tribunal noted that since the full amount was already deposited with the Revenue Authorities, the applications for waiving the pre-deposit condition of the balance amounts were allowed. The recovery of the balance amounts was stayed until the disposal of the appeals, indicating a sympathetic consideration of the appellant's position.

Coercive Actions by Revenue Authorities:
The Tribunal expressed displeasure at the actions of the lower authorities, specifically the Superintendent of Service Tax Gr-VII-Vadodara, for coercing the appellant to pay the dues confirmed by the adjudicating authority before the disposal of the appeals. The Tribunal highlighted that such actions were contrary to the directives of the Central Board of Excise & Customs and Circular, which instruct authorities to wait until the stay petition against an Order-in-Original is resolved by a higher judicial forum. The Tribunal directed the registry to inform the Chief Commissioners of Central Excise and Service Tax in Gujarat and the concerned Commissioners to take corrective action regarding the premature coercive steps taken by the lower authorities.

Conclusion:
The judgment by the Appellate Tribunal CESTAT Ahmedabad addressed the service tax liability issue faced by a SEZ unit, the coercive actions of the Revenue Authorities, and expressed dissatisfaction with the premature coercive steps taken by the lower authorities. The Tribunal provided relief to the appellant by allowing the waiver of pre-deposit conditions due to the full deposit of the service tax liability and interest, staying the recovery of the balance amounts until the appeals were disposed of. The Tribunal's decision aimed to ensure fair treatment and adherence to procedural guidelines in dealing with tax disputes.