2019 (7) TMI 1831 - HC - Central Excise

Levy of Service Tax - Intellectual Property Services - constitutionality of Sections 65(55b) and 65(105)(zzr) of the Finance Act, 1994 - HELD THAT - Division Bench sitting in the Principal Seat of this Court, in M/S. AGS ENTERTAINMENT PRIVATE LIMITED AND OTHERS VERSUS UNION OF INDIA AND OTHERS 2013 (7) TMI 23 - MADRAS HIGH COURT has upheld the constitutionality of the levy - the interim injunction granted by the learned single Judge on 08.06.2011 would have no force as on date. The petitioner will appear before the respondent on 01.08.2019 in response to summons dated 14.09.2013. Upon hearing the petitioner, the Assessing Authority shall finalize the proceedings in accordance with law and in compliance with the principles of natural justice - Petition dismissed.

Summary

Issues involved: Challenge to summons under Section 14 of the Central Excise Act, levy of service tax on Intellectual Property Services (IPR), constitutionality of Sections 65(55b) and 65(105)(zzr) of the Finance Act, 1994, interim injunction, decision of Division Bench regarding the levy, challenge to Division Bench decision before the Supreme Court, compliance with principles of natural justice.

Analysis:

The judgment pertains to a writ petition challenging a summons issued under Section 14 of the Central Excise Act, calling for the appearance of the petitioner and production of documents. The main issue at hand revolves around the levy of service tax on Intellectual Property Services (IPR) as per Section 65(105)(zzr) of the Finance Act, 1994. It is noted that a previous writ petition challenging the constitutionality of Sections 65(55b) and 65(105)(zzr) is pending before the Principal Seat of the Court, with an interim injunction granted to restrain the Department from collecting service tax on IPR pending the resolution of the petition.

However, a Division Bench in a separate case has upheld the constitutionality of the levy on IPR. The judge opines that the interim injunction granted earlier may no longer be valid in light of the Division Bench's decision. Despite the petitioner's claim that the Division Bench decision has been challenged before the Supreme Court, no stay has been granted. Consequently, the prevailing legal position is in alignment with the Division Bench's decision, rendering the writ petition challenging the summons lacking in merit.

The judgment directs the petitioner to appear before the respondent as per the summons issued and mandates the Assessing Authority to conclude the proceedings in accordance with the law and principles of natural justice. Ultimately, the writ petition is dismissed along with the connected miscellaneous petition, with no costs imposed. The judgment signifies the importance of adhering to legal procedures and the prevailing legal interpretations in matters of tax levies and constitutional challenges.