2015 (1) TMI 487 - HC - Service Tax

Commercial Training or Coaching service - demand of service tax without issuance of show cause notice(SCN) - Held that - Tribunal has remanded the matter for fresh adjudication of all the issues except the demand in relation to ₹ 2,23,16,485/-. The learned Tribunal found that no show cause has been issued to the assessee. In that view of the matter, we are unable to interfere with this fact-finding. When the show cause notice was not issued to the assessee, the proceedings in connection therewith is a nullity and the adjudication thereof is also non est. - Decided against Revenue.

Summary

Issues:
1. Justification of relying on a previous decision by CESTAT.
2. Validity of the show-cause notice issuance.
3. Interpretation of retrospective amendment to the Finance Act, 1994.
4. Sustainment of demand without issuance of show-cause notice.
5. Stay application based on presumptions and assumptions.
6. Appreciation of provisions of Section 35 E and 35 F of the Central Excise Act, 1944.

Analysis:
1. The appellant challenged the judgment of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Bangalore, based on several questions of law. The first issue raised was regarding the justification of CESTAT in relying on a previous decision involving specific allegations in a show cause notice. The appellant questioned the validity of this reliance on the case of Commissioner of Central Excise, Bangalore Vs. M/s. Brindavan Beverages (P) Limited.

2. The second issue revolved around the issuance of the show-cause notice to the appellant. The Tribunal found that no such notice had been issued, making the proceedings connected to it null and void. The High Court concurred with this finding, stating that without a show cause notice being served, the adjudication process holds no legal standing.

3. The third issue raised was the interpretation of the Government of India's explanation as a retrospective amendment to the Finance Act, 1994. The Hon'ble CESTAT nullified this explanation, considering it as a retrospective amendment, which was a point of contention in the appeal.

4. The fourth issue questioned the sustainment of a demand amounting to &8377; 2,23,16,485/- without the issuance of a show-cause notice to the appellant. The High Court noted that various judicial citations were considered by the Ld. Commissioner in passing the order-in-original, emphasizing the importance of proper legal procedures.

5. The fifth issue pertained to the stay application that was granted based on presumptions and assumptions. The appellant argued that the stay was erroneously allowed by CESTAT without proper justification, which was a matter of concern during the appeal.

6. Lastly, the sixth issue involved the appreciation of the provisions of Section 35 E and 35 F of the Central Excise Act, 1944 by CESTAT. The appellant contended that CESTAT failed to appreciate these provisions in light of the introduction of the Government of India's explanation for the removal of doubts to the existing provisions of the Finance Act, 1994 in the Finance Act, 2010.

In conclusion, the High Court dismissed the appeal, upholding the findings of the Tribunal regarding the lack of a show-cause notice to the appellant. The Court allowed the department to proceed as per the law following the Tribunal's judgment, indicating a clear decision on the issues raised during the appeal.