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2017 (2) TMI 674 - HC - Service TaxInvocation of extended period of imitation - section 73 (1) of the FA, 1994 - department took a view that even prior to the amendment, the assessee was liable to pay tax - Held that - the assessee through their letter dated 5.9.2005 had submitted month-wise details of all payment received by them against HVAC works for the period from 1.7.2003 to 15.6.2005. Once the details of the value of taxable services were available to the department on 5.9.2005, the tribunal came to the conclusion that there was no reason to invoke the extended period under the proviso to section 73 (1) of the Finance Act, 1994 - extension of limitation and application of the proviso to section 73 (1) of the Finance Act, 1994 set aside - appeal dismissed - decided in favor of assessee.
Issues:
1. Interpretation of proviso to section 73 (1) of the Finance Act, 1994 for extended period of limitation. 2. Application of extended limitation in case of alleged suppression of facts by the assessee. 3. Determination of the effective date of liability to pay service tax for the assessee. 4. Assessment of whether the proviso to section 73 (1) of the Finance Act, 1994 applies without allegations of fraud, collusion, or wilful default. Analysis: 1. The appeal before the Allahabad High Court involved the interpretation of the proviso to section 73 (1) of the Finance Act, 1994, which allows for an extended period of limitation of five years in cases involving fraud, collusion, wilful mis-statement, suppression of facts, or contravention of provisions to evade service tax. The department sought to apply this proviso in a case where the assessee allegedly did not disclose information regarding taxable services adequately. The court examined whether the department's claim for extension of limitation was justified under the proviso. 2. The case also raised the issue of whether the extended limitation period could be invoked due to alleged suppression of facts by the assessee. The department argued that the assessee wilfully did not disclose information about providing certain services, which came to light during an audit. The court analyzed whether such alleged suppression constituted grounds for applying the extended limitation period under the proviso to section 73 (1) of the Finance Act, 1994. 3. Another significant issue in the judgment was the determination of the effective date of liability to pay service tax for the assessee. The department contended that the assessee was liable to pay tax even before a specific amendment in the Act, while the assessee claimed its liability commenced post-amendment. The court examined the timeline of events, including the registration application by the assessee and the department's knowledge of the tax liability, to ascertain the correct commencement date of tax liability for the assessee. 4. Lastly, the court delved into the question of whether the proviso to section 73 (1) of the Finance Act, 1994 could be applied without allegations of fraud, collusion, or wilful default. The assessee argued that in the absence of such allegations, the proviso should not be invoked. The court considered the precedent set by the Hon'ble Apex Court in a similar case and evaluated whether the facts of the present case warranted the application of the extended limitation period under the proviso. In conclusion, the Allahabad High Court upheld the decision of the tribunal, rejecting the department's plea for extension of limitation and application of the proviso to section 73 (1) of the Finance Act, 1994. The court found that the tribunal correctly determined that once the department had details of taxable services, there was no justification for invoking the extended limitation period. Therefore, the court ruled in favor of the assessee, dismissing the appeal and deciding against the department.
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