2009 (4) TMI 80 - AT - Service Tax

Consignment agency service demand under the heading Business Auxiliary Service - Agreement entered into by the applicant with M/s. Cipla was the subject matter of the earlier show cause notice and the subject matter before the Tribunal also - prima facie the applicant cannot be held to be guilty of suppression of facts with intent to evade payment of duty - strong prima facie case for total waiver has been made out on the ground that the entire demand is barred by limitation stay granted

Summary

Issues:
Waiver of predeposit of service tax and penalties under Section 73(1) for Consignment agency service and Business Auxiliary Service.

Analysis:
The judgment by the Appellate Tribunal CESTAT CHENNAI, delivered by Ms. Jyoti Balasundaram, Vice President, and Mr. P. Karthikeyan, Member (T), dealt with applications for waiver of predeposit of service tax of Rs. 95,95,153/- confirmed under the proviso to Section 73(1) along with interest, and penalties imposed on various parties. The demand was confirmed on the basis that M/s. Mahaveer Generics was involved in Consignment agency service, attracting liability for service tax under "Business Auxiliary Service." Additionally, M/s. Cipla was penalized as the principal company whose products were promoted by M/s. Mahaveer Generics.

The Tribunal found that a strong prima facie case for total waiver existed due to the demand being time-barred. The demand covered the period from 01.07.2003 to 08.07.2004 and was raised in a Show Cause Notice dated 13.06.2006. The Tribunal noted that the activity of M/s. Mahaveer Generics was well-known to the department, and service tax was previously demanded under a different category, which was later set aside by the Tribunal. The Tribunal held that there was no suppression of facts by the applicant to evade payment of duty, negating the need for the extended period of limitation. Consequently, the Tribunal waived the pre-deposit of service tax and penalties imposed on the applicants, staying the recovery pending the appeals.

In conclusion, the judgment focused on the waiver of predeposit of service tax and penalties under Section 73(1) concerning Consignment agency service and Business Auxiliary Service. The Tribunal's decision was based on the grounds of the demand being time-barred, lack of suppression of facts by the applicant, and the previous Tribunal rulings on the matter. The waiver was granted, and recovery of the service tax and penalties was stayed pending the appeals.