2017 (3) TMI 789 - AT - Service Tax

Book adjustment to discharge liability of tax - whether book adjustment can be treated as payment of service tax in terms of Rule 6 of Service Tax Rules 1994? - Central Government Establishment. - Held that - it is evident that the appellant paid the tax and there may be some procedural lapses for which the demand of tax is not sustainable in the eyes of law. Penalty - Held that - appellant being a Central Government Department paid the tax as per the directions of the office of the Comptroller and Auditor General by book adjustment. At this juncture the observation of the Adjudicating Authority against the appellant that they defrauded the exchequer is extremely shocking and the Adjudicating Authority should avoid such language in their orders - the imposition of penalties are waived u/s 80 of the FA 1994. The Adjudicating Authority is directed to verify the payment of tax by book adjustment - appeal allowed by way of remand.

Summary

Issues:
- Demand of Service Tax along with interest and penalty under Courier Service & Business Auxiliary Service categories
- Applicability of Rule 6 of Service Tax Rules, 1994
- Legitimacy of payment through book adjustment by a Central Government Department
- Imposition of penalties on a Central Government Department
- Compliance with directions from the office of the Comptroller General of Accounts

Analysis:
1. The case involved a Central Government Department facing a Show Cause Notice for a demand of Service Tax, interest, and penalties under Courier Service & Business Auxiliary Service categories. The Adjudicating Authority confirmed the demand, and the Commissioner (Appeals) upheld the decision, leading to the appeal before the Tribunal.

2. The appellant contended that they had discharged their Service Tax liability through book adjustment as advised by the Government of India. The Tribunal noted letters from the Controller General of Accounts and Assistant Director General supporting the method of payment through book adjustment. The Commissioner (Appeals) rejected this argument citing Rule 6 of Service Tax Rules, 1994.

3. The Tribunal found that while the lower authorities acknowledged the payment through book adjustment, they deemed it insufficient under Rule 6. However, the Tribunal observed that the tax was indeed paid, albeit with procedural lapses. Consequently, they held that the demand of tax was not legally sustainable.

4. Addressing the imposition of penalties, the Tribunal criticized the Adjudicating Authority for suggesting that the Central Government Department defrauded the exchequer by following the Comptroller and Auditor General's directions for payment through book adjustment. The Tribunal found no grounds for penalty imposition and waived them under Section 80 of the Finance Act, 1994.

5. The Tribunal directed the Adjudicating Authority to verify the tax payment through book adjustment and make a decision accordingly. They set aside the penalties and disposed of the appeal in favor of the appellant, emphasizing the need for proper verification and compliance with the payment method advised by the government authorities.