2017 (6) TMI 380 - AT - Service Tax

Rectification of mistake - invocation of proviso to Section 73 of the FA, 1994 - Held that - prior to 9.7.2004 the applicant had not taken registration under Service Tax Act. Taking registration is a mandatory requirement especially in view of the fact that there was no doubt regarding the liability to pay service tax - The only conclusion that can be reached in this circumstance is that the failure to take registration and file return was deliberate act with intention to evade payment of taxes - ROM application disposed off.

Summary

Issues: Rectification of mistake application, invocation of extended period of limitation, non-consideration of case laws, service tax liability, intention to evade payment of duty, citation of case laws in support of arguments, distinguishable facts in cited cases, observations by Commissioner regarding penalty, mandatory registration under Service Tax Act, deliberate act to evade payment of taxes.

Rectification of Mistake Application:
The judgment pertains to a rectification of mistake application filed by Venkateshwara Hatcheries Pvt. Ltd. concerning Order No.A/93256-93257/16/STB dt. 21/10/2016. The applicant argued that certain case laws regarding the invocation of the extended period of limitation were submitted during the hearing, but no findings were provided in the Tribunal's order.

Invocation of Extended Period of Limitation:
The AR argued that there was no doubt about the service tax liability, indicating that the applicant willfully did not pay the service with the intention to evade duty payment. The Tribunal considered the grounds of the application and modified the order of 21.10.2016 to incorporate cited cases in support of the applicant's arguments.

Non-Consideration of Case Laws:
The Tribunal noted that the applicant sought reconsideration of the order due to the non-consideration of certain cited cases. The judgment detailed the specific cases cited by the applicant and analyzed each case's relevance to the current situation, highlighting differences in facts and outcomes.

Service Tax Liability and Intention to Evade Payment of Duty:
The Commissioner's observations emphasized the applicant's failure to take registration under the Service Tax Act before a specific date, despite no doubt regarding the liability to pay service tax. The Commissioner concluded that the failure to register and file returns was a deliberate act with the intention to evade tax payment.

Observations by Commissioner Regarding Penalty:
The Commissioner's observations highlighted that the invocation of the proviso to Section 73 of the Finance Act, 1994 could be justified in the case due to the applicant's actions. The Commissioner rejected the applicant's submission regarding penalty, emphasizing the deliberate nature of the act to evade tax payment.

Mandatory Registration and Deliberate Act to Evade Payment of Taxes:
The judgment underscored the mandatory requirement of registration under the Service Tax Act, especially when there was no doubt about the liability to pay service tax. The conclusion drawn was that the failure to register and file returns was a deliberate act aimed at evading tax payment.

This detailed analysis of the judgment covers various issues, including the rectification of mistakes, invocation of extended period of limitation, non-consideration of case laws, service tax liability, intention to evade payment of duty, observations by the Commissioner, mandatory registration under the Service Tax Act, and deliberate acts to evade tax payments.