2015 (8) TMI 505 - HC - Service Tax

Non issuance of acknowledgement of discharge of service tax - Tax paid through VCES - Held that - When the petitioner raises appropriate defences and files a reply to the show cause notice or if it is already filed during the course of his submissions which could be oral, he will be able to point out that he had availed of The Service Tax Voluntary Compliance Encouragement Scheme and complied with the same particularly of the requirement or procedure for making declaration of the payment of tax dues. The authority designated under the Scheme has acknowledged the declaration, that the petitioner has in terms of the declaration made the payment and furnished details to the Designated Authority under the Scheme along with a copy of the acknowledgement issued to him, but the Designated Authority has failed to issue an acknowledgement of the discharge of such dues and as is required. Authority having not yet issued the acknowledgement of discharge in such form and in such manner as may be prescribed does not mean that the petitioner has failed to discharge his liability and, therefore, the demand should not be sustained. If that certificate has not been issued and in terms of the paragraph, it would be open for the petitioner to urge that failure on the part of the authority to issue such a declaration should not visit him with any tax demand including of interest and penalty - no reason to keep the petition pending and entertained any further - Petition disposed of.

Issues:
1. Relief sought under Article 226 of the Constitution of India for quashing an impugned order dated 28th August, 2013, and directing actions related to bank accounts.
2. Dispute regarding the proceedings under The Service Tax Voluntary Compliance Encouragement Scheme, 2013, and issuance of necessary declaration by the concerned authority.
3. Concerns raised by the petitioner regarding show cause notice, liability under the Finance Act, and potential recovery actions.
4. Arguments presented by both parties regarding the release of bank accounts, adjudication proceedings, and the authority designated under the Scheme.
5. Analysis of the show cause notice, liabilities, declarations, and potential tax demands.
6. Consideration of defenses, compliance with the Scheme, acknowledgment of payment, and failure to issue necessary declarations.
7. The petitioner's ability to raise appropriate defenses during adjudication and challenge adverse decisions.
8. Disposition of the Writ Petition and clarification on raising contentions during proceedings.

Analysis:
1. The petition sought relief under Article 226 to quash an order and release bank accounts. The senior counsel for the petitioner confirmed the release of accounts but raised concerns about ongoing proceedings under The Service Tax Voluntary Compliance Encouragement Scheme, 2013. The petitioner requested the respondent to issue necessary declarations as per the Scheme to avoid incorrect assumptions during adjudication.

2. The respondent argued that the petition had been resolved with the release of bank accounts and questioned the necessity of further intervention. The respondent assured that the adjudication process would consider prior payments and adjustments, urging against delaying proceedings.

3. The Court examined the show cause notice detailing the petitioner's liability under the Finance Act, failure to furnish relevant documents, and admitted service tax liability. The notice highlighted actions taken regarding bank accounts and declarations made under the Scheme. The notice also specified the tax liability and adjustments sought, emphasizing the need for compliance.

4. The Court acknowledged the petitioner's right to present defenses during adjudication, emphasizing the importance of compliance with the Scheme's requirements. The failure of the designated authority to issue necessary acknowledgments should not result in undue tax demands if the petitioner can demonstrate compliance through available documentation.

5. It was clarified that the petitioner could raise defenses and challenge adverse decisions during the proceedings, ensuring that all permissible pleas could be presented. The Court disposed of the Writ Petition, emphasizing the petitioner's ability to address concerns during the adjudication process while upholding the principles of the Scheme.

This detailed analysis of the judgment from the Bombay High Court encapsulates the issues raised, arguments presented by both parties, and the Court's decision regarding the relief sought and compliance with The Service Tax Voluntary Compliance Encouragement Scheme, 2013.

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