2015 (8) TMI 450 - AT - Service Tax

Rent a cab service - Service tax registration not taken - Invocation of extended period of limitation - Held that - Gujarat High Court 2015 (1) TMI 809 - GUJARAT HIGH COURT , on identical issue upheld the demand of service tax on merits and set-aside the demand on limitation - Decided in favour of assessee.

Summary

Issues:
Demand of service tax for Rent-a-Cab service for the period 2001-02 to 2004-05, invocation of extended period, intentional suppression or mala fide, applicability of limitation.

Analysis:

1. Demand of Service Tax: The appellate tribunal, after hearing both sides and reviewing the records, noted that a demand was raised on Rent-a-Cab service for the period 2001-02 to 2004-05 through a show cause notice dated 01.03.2006. The appellant's representative acknowledged that the issue on merits was against the appellant. However, the demand was contended to be liable to be set aside on the grounds of limitation. The appellant cited a decision of the Hon'ble Gujarat High Court in a similar case to support their argument.

2. Invocation of Extended Period: The tribunal considered the stance of the Revenue, represented by the Authorised Representative, who argued that the appellant had not obtained registration and thus, the extended period was rightly invoked. The tribunal referred to a decision of the Hon'ble Gujarat High Court on a similar issue, where the demand of service tax was upheld on merits but set aside on the grounds of limitation. The High Court emphasized that deliberate suppression or mala fide intent was necessary for the invocation of the extended period, which was not present in the instant case.

3. Intentional Suppression or Mala Fide: The tribunal, in line with the decision of the Hon'ble Gujarat High Court in the case of Commissioner of Service Tax vs. Vijay Travels, concluded that intentional suppression or mala fide intent required for the invocation of the extended period was not evident in the present case. Therefore, the tribunal set aside the demand of service tax, along with interest and penalty, as it was barred by limitation.

4. Applicability of Limitation: Ultimately, the tribunal allowed the appeal filed by the appellant, following the precedent set by the Hon'ble Gujarat High Court. The decision was dictated and pronounced in the court, thereby resolving the issue in favor of the appellant based on the limitation aspect and lack of intentional suppression or mala fide intent.