2017 (3) TMI 1772 - AT - Service Tax

Refund of service tax - export of readymade garments on commission basis - Department brought the said service under the clutches of the service tax but by order in original, the demand was set aside - HELD THAT - Hon ble High Court in the case of KONARK EXIM PVT. LTD., YOGMAYA TRADERS PVT. LTD., SIDH DESIGNERS PVT. LTD., G.D. MANGLAM EXIM PVT. LTD., DSM INTERNATIONAL VERSUS UNION OF INDIA ANR. 2016 (12) TMI 1784 - DELHI HIGH COURT observed that the adjudication order is an exhaustive one and categorically rules that against all transactions which were stated to be taxed could not have fallen within the ambit of service tax . Thus, it is evident that Hon ble Delhi High Court upholds the impugned order on merit. When it is so, then we find no reason to interfere with the impugned order. Appeal dismissed - decided against Revenue.

Summary

Issues involved:
Department's appeal against Order-in-Original No. 190-194/2013 dated 13.12.2013 for service tax on export of readymade garments on commission basis without Central Excise registration.

Analysis:
The judgment by the Appellate Tribunal CESTAT New Delhi, delivered by Hon'ble Mr. Justice (Dr.) Satish Chandra and Hon'ble Mr. Ashok K. Arya, Member (Technical), involved the department's appeals against an Order-in-Original dated 13.12.2013 related to service tax on the export of readymade garments on a commission basis during 2007-2009. The appellant, engaged in this business, was not registered with the Central Excise department. The appeals were filed by the department after the demand was set aside by the original order, which was challenged by the appellant through writ petitions before the High Court of Delhi seeking a refund. The High Court, in its order dated 21.12.2016, directed the refund to be allowed to the appellant within eight weeks with interest, upholding the impugned order on merit. The High Court observed that transactions stated to be taxed could not have fallen within the ambit of service tax, affirming the correctness of the original order. Consequently, the Tribunal, following the ratio established by the Delhi High Court, declined to interfere with the impugned order, thereby dismissing all appeals filed by the department and disposing of cross-objections accordingly.

In conclusion, the judgment by the Appellate Tribunal CESTAT New Delhi upheld the decision of the High Court of Delhi, affirming the original order that set aside the demand for service tax on the export of readymade garments on a commission basis during the specified period. The Tribunal found no grounds to interfere with the impugned order, leading to the dismissal of all department appeals and the disposal of cross-objections. The judgment provides clarity on the applicability of service tax in the context of the business activities carried out by the appellant, emphasizing the importance of proper adjudication and legal compliance in tax matters.