2017 (8) TMI 638 - AT - Service Tax

Reverse charge mechanism - GTA service - case of appellant is that the service was new at the time as it was introduced in 2004 - Held that - reverse charge on the Goods Transport Agency was introduced under Notification No. 36/2004 dt. 31.12.2004. The plea that the appellants were not aware of the new liability is not acceptable for more than one reason. Firstly they were registered as construction service provider. Secondly had the non-payment been for initial few months it could perhaps be understandable that they were not aware but the period in this case stretches to over three years. Hence it cannot be contended that the appellants were not aware of their liability for such a long period especially when there were many agitations at the time on levy of Service Tax on GTA by operators. Extended period of limitation - Held that - there was willful suppression on the part of the appellants as they were aware of the freight paid by them but knowingly chose not to take registration and to discharge their statutory obligations - the extended period has been correctly invoked. Penalty - Held that - As there is clear-cut of element of suppression the penalty has also been rightly imposed. Appeal dismissed - decided against appellant.

Summary

Issues:
1. Liability under reverse charge for Goods Transport Agency services.
2. Applicability of extended period for tax liability.
3. Imposition of penalty under Sections 76, 77, and 78 of the Finance Act, 1994.

Analysis:
1. The case involved the appellants, a construction service provider, who did not pay Service Tax under the category of Goods Transport Agency (GTA) for the period from 01.01.2005 to 31.03.2008. The Service Tax Authorities issued a show cause notice demanding Service Tax along with interest and penalties. The appellants contested the extended period and penalty but did not dispute the chargeability of Service Tax. The argument of being unaware of the liability due to the newness of the service was rejected as they were registered and the period of non-compliance spanned over three years since the introduction of the reverse charge on GTA services in 2004.

2. The Tribunal found that the appellants' failure to register for Service Tax under the GTA category, not declaring freight in their returns, and not paying the appropriate tax for over three years indicated willful suppression. The argument of revenue neutrality due to being able to claim input service credit was deemed insufficient to justify non-compliance. The Tribunal held that the circumstances did not meet the criteria for invoking the extended period of limitation, as there was clear suppression on the part of the appellants, leading to the correct invocation of the extended period by the adjudicating authority and its affirmation by the Ld. Commissioner (Appeals).

3. Consequently, the Tribunal upheld the decision of the Ld. Commissioner (Appeals) regarding the extended period and the imposition of penalties under Sections 76, 77, and 78 of the Finance Act, 1994. The Tribunal found no infirmity in the order and dismissed the appeal filed by the appellants, sustaining the penalties imposed. The judgment was pronounced on 11.08.2017 by Mr. Devender Singh, Member (Technical) of the Appellate Tribunal CESTAT Chandigarh.