2018 (4) TMI 1671 - AT - Service Tax

Imposition of penalty - tax not paid within six months - Renting of Immovable Property service - Held that - Inasmuch as the appellant has discharged the tax liability from the date of assent of the President to the Finance Act 2012 as also by appreciating the fact that the litigation was going on in respect of the tax liability on Renting of Immovable Property there are no reasons to impose any penalty upon the appellant - while confirming the demand of service tax as also interest penalties are set aside. CENVAT Credit - input service - Rent-a-Cab Service - Held that - The issue decided in the case of INDIAN ADDITIVES LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE CHENNAI 2016 (9) TMI 729 - CESTAT CHENNAI where the credit has been allowed - credit allowed. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Demand under the category of "Club or Association Service"
2. Imposition of penalty for non-payment of service tax on Renting of Immovable Property
3. Denial of Cenvat credit on service tax paid on Rent-a-Cab Service

Analysis:

1. Demand under the category of "Club or Association Service"
The judgment notes that a major part of the demand against the appellant was confirmed under the category of "Club or Association Service." However, it was highlighted that the said category was held to be not payable by the Hon'ble High Court of Gujarat in a specific case. The judgment referred to the decision of the Hon'ble Jharkhand High Court, which rendered the entry under "Club or Association Service" as ultra vires. Consequently, the demand under this category was deemed unsustainable.

2. Imposition of penalty for non-payment of service tax on Renting of Immovable Property
Regarding the part demand of service tax on Renting of Immovable Property, the appellant did not dispute the liability but contested the imposition of penalty. The appellant argued that although they had not paid the service tax related to Renting of Immovable Property within six months, they had paid a significant amount under the category of Club or Association Service, which was later deemed ultra vires. The appellant requested that the deposits made under Club or Association Service be considered as made under Renting of Immovable Properties. The tribunal acknowledged that the appellant had discharged the tax liability post the assent of the President to the Finance Act, 2012, and considering the ongoing litigation, decided not to impose any penalty while confirming the demand and interest.

3. Denial of Cenvat credit on service tax paid on Rent-a-Cab Service
The appellant was denied Cenvat credit of service tax paid on Rent-a-Cab Service on the grounds that it was not considered cenvatable input services. However, the tribunal referred to various Tribunal decisions where similar issues were decided in favor of the assessee. By following the precedent set by these decisions, the tribunal held that the appellant was entitled to the credit. Consequently, the impugned order was set aside, and the appeal was allowed.

In conclusion, the judgment addressed multiple issues related to service tax demands, penalties, and Cenvat credit entitlement. It provided detailed reasoning and legal references to support the decisions made in favor of the appellant on each issue, ultimately setting aside the impugned order and allowing the appeal.