2019 (2) TMI 1684 - AT - Service Tax

Construction of Residential Complex invoices - Point of taxation - it appeared to Revenue that the appellant was required to pay Service Tax on such date as per schedule when the amount was due from purchaser to the Service Provider - HELD THAT - In order to verify whether Service Tax was paid on such component of Service Provider which was received by the appellant subsequent to the due date of receipt cannot be verified at this stage. We remand the matter to the Original Adjudicating Authority with a direction to verify whether Service Tax on such component was paid by the appellant subsequently and if so reconsidered the matter for payment of interest on the same - appeal allowed by way of remand.

Summary

Issues involved:
1. Service Tax payment basis - receipt vs. invoice
2. Applicability of Point of Taxation Rules, 2011
3. Payment schedule in construction of residential complex
4. Verification of Service Tax payment on components received after due date
5. Remand to Original Adjudicating Authority

Issue 1: Service Tax payment basis - receipt vs. invoice
The appellant was initially paying Service Tax based on receipt but, as per Point of Taxation Rules, 2011, was required to pay based on invoice from 01/07/2011. In a construction project, invoices were not raised independently, and payments were scheduled between the purchaser and the service provider. The Revenue alleged that Service Tax should be paid as per the payment schedule, resulting in a confirmation of Service Tax and a penalty. The appellant argued that they paid the Service Tax upon receiving payments from purchasers, hence no short payment occurred.

Issue 2: Applicability of Point of Taxation Rules, 2011
The case delves into the application of the Point of Taxation Rules, 2011, which mandated the appellant to pay Service Tax based on invoices from a specific date. The conflict arose due to the nature of the construction project where invoices were not raised independently, leading to a dispute regarding the timing of Service Tax payment.

Issue 3: Payment schedule in construction of residential complex
In the trade of construction of residential complexes, a payment schedule was agreed upon between the purchaser and the service provider. This payment arrangement raised questions regarding the appropriate timing for Service Tax payment, as invoices were not issued separately but were linked to the payment schedule.

Issue 4: Verification of Service Tax payment on components received after due date
The Tribunal highlighted the need to verify whether the Service Tax was paid on components received after the due date. This verification was deemed necessary to ascertain if the appellant had indeed paid the Service Tax on all components in accordance with the prescribed rules.

Issue 5: Remand to Original Adjudicating Authority
The Tribunal decided to remand the matter to the Original Adjudicating Authority for further verification on the payment of Service Tax on components received after the due date. The Authority was directed to reconsider the case, specifically focusing on the payment of interest on such components. The decision to remand the case was made with all issues left open for the Authority to address comprehensively.