2008 (9) TMI 192 - AT - Service Tax

Appellants, BSNL have provided services to hospitals, airports and other exempted categories, but the Appellants were not able to give the break-up of such exempted categories of services at the time of adjudication - appellant contend that Original Authority has not given any finding on the point of limitation also - matters remanded to the Original Authority for fresh adjudication after taking into account the details of exempted services to be provided

Summary

Issues:
1. Recall of earlier Order of Dismissal due to COD clearance obtained by the appellant.
2. Appellant's request for remand to provide details of services in exempted categories.
3. Agreement by the Jt. C.D.R. for remanding the matter to the Original Authority.
4. Waiver of pre-deposit requirement, setting aside of impugned Orders, and remand for fresh adjudication.

Analysis:

1. The judgment by the Appellate Tribunal CESTAT, Kolkata involved the recall of an earlier Order of Dismissal dated 23-10-2007 due to the COD clearance obtained by the appellant public sector unit subsequently. The Tribunal restored the Stay Petitions and the Appeals to their original numbers based on this development.

2. The appellant, represented by Shri Kartik Kurmy, Advocate, stated that they had already paid the Service Tax on gross receipts of service charges. However, additional demands were made based on bills raised. The appellant provided services to hospitals, airports, and other exempted categories but was unable to provide the break-up of such exempted categories during adjudication. Consequently, the Adjudicating Commissioner confirmed the entire tax demand. The appellant requested a remand to the Original Authority to furnish details of services in the exempted category for re-consideration.

3. The learned Jt. C.D.R., Shri Gautam Ray, agreed to the proposal for remanding the matter to the Original Authority to consider the details of services in the exempted category if provided by the appellant for recomputation of the demanded amounts. This agreement signified a mutual understanding between the parties involved in the case.

4. Following the arguments from both sides, the Tribunal waived the requirement of pre-deposit, set aside the impugned Orders, and remanded the matters to the Original Authority for fresh adjudication. The appellant was given four weeks to provide details of exempted services, with a reasonable opportunity of hearing before fresh Orders were passed. The appellant was also permitted to raise any legal issues, including the issue of limitation, before the Original Authority. The Appeals were allowed by way of remand, ensuring a fair and thorough reconsideration of the case.