2019 (8) TMI 1672 - AT - Service Tax

Extended period of limitation - suppression of facts or not - activity of making preparation and display of advertisement or the activity of display of pre-pared advertisement - intent to evade or not - HELD THAT - The entire case of the Revenue is admittedly based upon the scrutiny of the appellant s balance sheet and income tax returns. When all figures stand reflected in the balance sheet which is a public document the extended period of limitation would not be available to the Revenue - In the present case the Revenue has not produced any evidence to show any mala fide on the part of the appellant thus justifying invocation of longer period. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Whether the appellants provided services under the category of Advertising Agency Service during the period in question?
2. Whether the demand of service tax and penalty imposed on the appellant is justified?
3. Whether the demand is barred by limitation?
4. Whether there was suppression of facts by the appellant justifying the invocation of an extended period of limitation?

Analysis:

Issue 1:
The appellants were engaged in providing Advertising Agency Service and sale of space for advertisement service. The dispute arose regarding the categorization of the services provided by the appellants during the period from 01.07.2012 to 30.09.2014. The Revenue alleged that the appellants provided services under the category of Advertising Agency Service based on the invoices not clearly mentioning the service as sale of space.

Issue 2:
The Original Adjudicating Authority confirmed the demand of service tax and imposed penalties on the appellant. The appellant argued that the sale of space for advertisement is a distinct category of service from Advertising Agency Service. They contended that no tax was liable on the activity of sale of space for advertisement during the impugned period. The Tribunal considered the submissions and set aside the impugned order, providing relief to the appellant.

Issue 3:
The appellant raised a plea that the demand in the present case is barred by limitation as the period involved was from 01.07.2012 to 30.09.2014, and the Show Cause Notice was issued on 02.05.2016. The appellant claimed that they were under a bona fide belief regarding the tax liability on the activities conducted. The Tribunal acknowledged the argument and held that the extended period of limitation was not invocable due to the absence of mala fide intention to evade tax.

Issue 4:
Regarding the suppression of facts, the Tribunal noted that the Revenue's case was primarily based on the scrutiny of the appellant's balance sheet and income tax returns. The Tribunal referred to various decisions to establish that when all figures are reflected in public documents like the balance sheet, the extended period of limitation cannot be invoked. As the Revenue failed to provide evidence of mala fide on the part of the appellant, the Tribunal set aside the impugned order on this ground and allowed the appeal.

In conclusion, the Tribunal ruled in favor of the appellant on the grounds of the distinct categorization of services, absence of tax liability, limitation period, and lack of evidence for suppression of facts, thereby providing relief to the appellant against the demand of service tax and penalties.