2018 (12) TMI 1850 - AT - Service Tax

Rate of Service Tax - Repair and Maintenance Service - rate of tax on services which were rendered prior to 18.04.2006, but the payments for such services were received after 18.04.2006 - HELD THAT - The rate of service tax payable will be that which was prevalent at the time of providing the service. There is no basis for charging service tax at the rate prevalent at the time of receipt of payment when the service itself has already been rendered when the service tax rate was lesser. Appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Interpretation of service tax rate for services rendered before a rate increase but payment received after the increase.

Analysis:
The case involved a dispute regarding the applicable service tax rate for services rendered before a rate increase but payments received after the increase. The appellants provided 'Repair and Maintenance Service' and had been paying service tax at prescribed rates. The issue arose when the rate of service tax was increased from 10% to 12% with effect from 18.04.2006. The Original Authority held that the enhanced rate would apply only if services were rendered after the rate increase date. However, the Jurisdictional Commissioner of Service Tax revised this view, stating that the enhanced rate applied to all payments received after the rate increase date, irrespective of when the service was rendered.

The appellants argued that the Hon'ble Delhi High Court had ruled in the case of Vistar Construction (P) Ltd. vs. Union of India that the service tax rate applicable would be the one prevailing at the time of rendering the service, not at the time of payment receipt. The High Court invalidated the Department of Revenue's circular on this matter. Considering this precedent, the Tribunal found that the rate of service tax payable should be the one prevalent at the time of providing the service, not at the time of payment receipt.

Citing the Delhi High Court decision, the Tribunal declared the instruction dated 28-4-2008, which supported the enhanced rate for payments received after the rate increase, as invalid. The Tribunal emphasized that the taxable event for service tax is the rendition of service, not the receipt of payment. Therefore, the applicable tax rate should align with the time of service provision, not payment receipt. Consequently, the Tribunal set aside the impugned orders and allowed the appeals.