2015 (8) TMI 544 - AT - Service Tax

Exemption under Notification No.45/2010 dated 20.7.2010 - erection, commissioning or installation services and works contract services - Held that - It is Assessee s contention that after 22.6.2010, it needs to be verified whether the appellant are eligible to the Notification No.32/2010-ST dated 22.6.2010 for rendering services relating to distribution of electricity. Both sides agree that for this limited purpose to ascertain the eligibility to the benefit of exemption Notification No.32/2010 dated 22.6.2010 for the period from 22.6.2010 till September, 2010, in the event the service related to distribution of electricity for the said period, it needs to be verified/scrutinized by the adjudicating authority. - Matter remanded back - Decided in favour of assessee.

Summary

Issues: Application for waiver of pre-deposit of service tax and penalty under section 78 of the Finance Act, 1994.

Analysis:
1. The applicant sought waiver of pre-deposit of service tax and penalty amounting to &8377; 94.43 Lakhs and &8377; 92.72 Lakhs, respectively, imposed for providing services related to erection, commissioning, or installation services and Works Contract of Service for transmission of electricity to a specific entity during the period from October 2005 to September 2010.

2. The applicant argued that their services were exempted retrospectively from service tax for the transmission and distribution of electricity up to certain dates as per specific notifications. They referred to a previous Tribunal case where a similar issue was decided in favor of the assessee based on the same notifications. The applicant contended that their services indeed related to the transmission of electricity.

3. The Revenue's representative countered by stating that the exemption notifications covered specific periods, and the applicability of these notifications needed verification for the period after the specified dates, as the applicant might have provided services related to the distribution of electricity during that time.

4. The Tribunal noted that the appeal could be disposed of without further delay. After waiving the pre-deposit requirement, the appeal was taken up for disposal with the consent of both parties.

5. The Tribunal acknowledged the applicant's claim that the services provided were indeed related to the transmission of electricity during the relevant period. Both parties agreed on the applicability of exemption notifications up to certain dates. However, for the period after a specific date, the eligibility for exemption related to the distribution of electricity needed verification by the adjudicating authority. The Tribunal remanded the matter to the Commissioner for a decision on this aspect. Considering the retrospective exemption and the issue being one of legal interpretation, no penalty was imposed if the exemption was found inapplicable for the later period. The appellant was granted a hearing opportunity and allowed to submit their case before the adjudicating authority. The appeal was allowed by way of remand, and the stay petition was disposed of.