2008 (9) TMI 156 - AT - Service Tax

Management consultancy services received from foreign firm/persons - in the light of decisions of Larger Bench in the case of Hindustan Zinc Ltd., no service tax can be demanded from the recipient of services for the services received prior to 1-1-2005 - appeal of the department is rejected

Summary

Issues:
- Appeal by department against dropped demands
- Appeal by assessee against confirmed demand

Analysis:
1. Appeal by department against dropped demands:
The department appealed against the order of the Commissioner dropping the demand in relation to services received from certain firms. The department argued that the services received were taxable during the relevant period and that dropping the demand was not justified. However, the advocate for the assessee contended that as per the decisions of the Larger Bench in the case of Hindustan Zinc Ltd., no service tax could be demanded for services received prior to 1-1-2005. The advocate further argued that the inference made by the Commissioner regarding the authorization to pay service tax in the absence of an agreement was erroneous. Citing the case of M/s. JCB India Ltd., the advocate emphasized that tax liability to the Government cannot be determined solely by a contract between private parties. Additionally, reference was made to a decision of the Hon'ble Supreme Court highlighting that even if a party undertakes to pay arrears of tax, it does not create a direct liability between the State Government and the transferee.

2. Appeal by assessee against confirmed demand:
The assessee appealed against the portion of the order where a sum of Rs. 2,51,223/- was confirmed against them along with an equal penalty. The advocate for the assessee relied on the decision of the Larger Bench in the case of Hindustan Zinc Ltd. to argue that no service tax could be demanded for services received prior to 1-1-2005. The advocate also contested the Commissioner's inference that the party was authorized to pay service tax in the absence of an agreement. It was emphasized that the tax liability to the Government cannot be established solely based on a contract between private parties. Ultimately, following the decision of the Larger Bench in the case of Hindustan Zinc, the appeal of the assessee was allowed, and the appeal of the department was rejected.

This detailed analysis of the legal judgment showcases the arguments presented by both parties, the relevant legal precedents cited, and the final decision rendered by the Appellate Tribunal CESTAT, New Delhi.