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2015 (3) TMI 830 - AT - Service TaxDemand of service tax - Reverse charge mechanism - remuneration paid to the Overseas Commission Agent - held that - Appellant is not liable to tax on reverse charge basis prior to the period 18.4.2006. Thus, the demand in appeal no. ST/86/07 is fully set aside along with penalty and interest. So far the demand in appeal No. ST/133/09 is concerned, we hold that the demand prior to 18.4.2006 is set aside. The appellant shall only be liable to pay the demand of Service Tax subsequent to 18.4.2006 along with interest as per Rule. In the facts and circumstances granting the benefit of Section 80, we set aside all the penalties including under Section 78 - Decided in favour of assessee.
Issues:
1. Applicability of Service Tax on reverse charge basis prior to 18.4.2006. 2. Interpretation of relevant legal provisions and judicial precedents. 3. Imposition of penalties under various Sections of the Finance Act, 1994. Analysis: Issue 1: Applicability of Service Tax on reverse charge basis prior to 18.4.2006 The appellant, a manufacturer of crank shaft/forging, availed the services of an Overseas Commission Agent for export purposes. The dispute arose regarding the taxation of the remuneration paid to the agent under the reverse charge mechanism. The appellant argued that prior to 18.4.2006, there was no provision for imposing tax on services received by a recipient in India from outside India. The appellant relied on judicial precedents such as the case of Indian National Ship Owner's Association and Bhandari Hosiery to support their contention. The Tribunal considered these arguments and held that the appellant is not liable to tax on a reverse charge basis before 18.4.2006. Consequently, the demand in one appeal was fully set aside, and in another appeal, the demand prior to 18.4.2006 was also set aside. Issue 2: Interpretation of relevant legal provisions and judicial precedents The Tribunal examined the legal framework and judicial decisions related to the levy of Service Tax on reverse charge basis. Reference was made to Circular No. 36/04/01, which clarified the territorial scope of Service Tax and excluded services provided beyond the territorial waters of India from taxation. The Tribunal noted that this circular was rescinded in 2009. Additionally, the Tribunal considered the applicability of penalties under Section 76 and 78 in cases where the matter was under litigation. The appellant's arguments were supported by various judicial decisions and interpretations of relevant provisions, leading to the setting aside of penalties and demands based on the specific timeline of legislative changes. Issue 3: Imposition of penalties under various Sections of the Finance Act, 1994 The appellant sought the deletion of penalties imposed under various sections of the Finance Act, 1994. The Tribunal, after considering the arguments presented by both parties, granted the benefit of Section 80 to the appellant. Consequently, all penalties, including those under Section 78, were set aside. The Tribunal's decision to set aside penalties was based on the specific circumstances of the case, including the legislative changes and the ongoing litigation regarding the taxation of services received from foreign service providers. In conclusion, the Tribunal ruled in favor of the appellant, setting aside demands and penalties related to the taxation of services received from an Overseas Commission Agent before a specified date, while upholding the liability for Service Tax post that date. The judgment provided a detailed analysis of the legal provisions, judicial precedents, and the specific circumstances of the case to arrive at a reasoned decision.
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