2009 (4) TMI 105 - AT - Service Tax

Larger Bench Matter referred to - When these appeals came up for hearing before the learned single Member on 30.08.2007, it was noticed by the learned single Member that there was difference in the opinions expressed in different decisions of the Tribunal on the issue as to whether service tax in relation to the goods transport service received by party during the particular period can be recovered by issuance of show cause notice beyond three years thereafter Matter was referred to large bench of two members (Division Bench) Division Bench also finds that matter needs to be referred to larger bench of three members Held that matter to be placed before the larger bench of three members matter disposed off by the president with appropriate orders to registry.

Issues:
1. Conflict in opinions on the recovery of service tax beyond three years.
2. Reference to a larger bench due to conflicting views by different division benches.
3. Interpretation of provisions of Finance Act, 1994, Central Excise Act, 1944, and Customs Act, 1962.
4. Applicability of powers of Appellate Tribunal in deciding conflicting judgments.
5. President's power to refer cases to a larger bench.
6. Judicial discipline and procedure for resolving differences of opinion within the Tribunal.

Analysis:
1. The judgment addressed the conflict in opinions regarding the recovery of service tax beyond three years. The learned single Member referred the matter to a larger bench due to conflicting decisions by different division benches and the need for clarity on the issue. This led to the Division Bench directing the matter to be placed before the Hon'ble President for constituting a Three Members Bench to decide the issue.

2. The judgment delved into the interpretation of provisions of the Finance Act, 1994, Central Excise Act, 1944, and Customs Act, 1962. It highlighted the powers of the Appellate Tribunal and the procedure to be followed in such cases. Section 129C of the Customs Act, 1962 was particularly emphasized, outlining the procedure and powers of the Appellate Tribunal in case of differences of opinion among the members of a Bench.

3. The judgment discussed the President's power to refer cases to a larger bench in situations where members of a Bench are unable to decide a case due to conflicting views. It cited the Apex Court's decision emphasizing the President's authority to make such references for effective and expeditious discharge of the Tribunal's functions. The discretion to refer the matter to a larger Bench or a third Member lies with the President to ensure proper judicial discipline.

4. The judgment underscored the importance of maintaining judicial discipline and outlined the procedure for resolving differences of opinion within the Tribunal. It clarified that the Division Bench or single Member Bench does not have the power to refer a matter directly to a larger Bench. Instead, in cases of conflicting judgments by different Benches, the issue must be formulated and referred to the President for appropriate action.

5. In conclusion, the judgment emphasized the need for the case to be referred to a larger Bench for resolution. It directed the Registry to place the matter before the President on the administration side and circulate the order to all Hon'ble Members of the Tribunal. This decision aimed to ensure a judicious and disciplined approach to resolving conflicts and maintaining the integrity of the judicial process within the Tribunal.

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