2008 (3) TMI 212 - AT - Service Tax

Appellant providing clearing and forwarding service - applicant received about Rs. 94 lakhs as service charges and claims about Rs. 78 lakhs as relatable to activities which are not covered by the services as C/F agent - Chartered Accountant certificate produced by appellant in their support is not supported by relevant document evidence - applicant has not made out a prima facie case for total waiver of service tax demanded

Summary

Issues involved:
1. Rejection of application for stay due to default by the applicant
2. Dispute regarding the value adopted for services rendered as a clearing and forwarding agency
3. Validity of Chartered Accountant certificate as evidence
4. Exclusion of reimbursed amounts for calculating service tax value
5. Requirement of deposit by the applicant to waive pre-deposit of balance amount of duty and penalties

Analysis:

1. The judgment addresses the issue of the rejection of the application for stay due to default by the applicant. The Tribunal restored the application for stay, which was initially rejected ex parte. The matter was heard, and a decision was made based on the submissions from both sides.

2. The main issue in the case revolves around the dispute regarding the value adopted for services rendered as a clearing and forwarding agency. The applicant, a DOLG operator, entered into an agreement with IOC for rendering services leviable to service tax. The disagreement lies in the value adopted for the services, with the applicant claiming a significant portion of the charges as not covered by the services provided.

3. The validity of the Chartered Accountant certificate provided by the applicant as evidence to support their claim was questioned. The Commissioner found that the certificate was not supported by relevant document evidence. Additionally, a verification report from the jurisdictional officer on the vouchers submitted by the party did not fully support their claim, leading to the confirmation of a demand for service tax and imposition of penalties.

4. The appellant relied on judgments where reimbursed amounts were permitted to be excluded for calculating the value for service tax. However, the Departmental Representative argued that the agreement itself did not provide for any separate reimbursement. The Tribunal carefully reviewed the agreement and submissions from both sides, indicating that a detailed examination of the issue would be necessary during the final hearing.

5. Finally, the judgment addressed the requirement for the applicant to deposit a specified sum within a given timeframe to waive the pre-deposit of the balance amount of duty and penalties. The Tribunal directed the applicant to comply with the deposit condition and report back by a specified date, subject to which the pre-deposit of the remaining amount was waived.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved and the Tribunal's decision on each aspect of the case.