2017 (9) TMI 1128 - AT - Service Tax

Time limitation - demand - Held that - Though the appellants were registered with the Service Tax Department, they have not considered the full taxable value to discharge service tax - there is no plausible reason of bonafideness in such short payment of tax liability. Supply of tangible goods - quantification of tax liability - applicability of provision of Section 67(2) - Held that - The said provision will apply only in cases, where the gross amount charged by a service provider is inclusive of the service tax payable - In the present case, we are not shown any evidence to the effect that the gross amount charged is inclusive of such service tax payable either by way of understanding between the service provider and service recipient or in the documents like invoice, to this effect. In absence of such supporting evidence, the provisions of Section 67(2) cannot be automatically applied to reduce tax liability, under any category. Appeal dismissed - decided against appellant.

Summary

Issues:
1. Dispute over payment of service tax under three categories.
2. Time bar for demand and quantification of demand.
3. Application of Section 67(2) for tax liability under the category of "Supply of Tangible Goods."

Analysis:
The appeal in this case was against the order of the Commissioner of Central Excise, Jaipur-I, regarding the payment of service tax by the appellants who were engaged in providing various taxable services. The dispute revolved around the non-payment of service tax on all taxable services and the full taxable value. The Original Authority confirmed a service tax liability under three categories and imposed penalties under Sections 78 and 76 of the Finance Act, 1994.

Regarding the time bar issue, the appellant argued that there was no suppression or willful misstatement, and they had been discharging service tax mainly under "Commercial or Industrial Construction Service." However, the Tribunal noted that the appellants did not consider the full taxable value to discharge service tax, and there was no plausible reason for the short payment of tax liability. Thus, the plea regarding the limitation was rejected.

On the quantification of tax liability related to the supply of tangible goods, the appellant sought the application of Section 67(2) to reduce the tax liability. The Tribunal observed that this provision applies only if the gross amount charged includes the service tax payable, supported by evidence like invoices. As there was no evidence of such inclusion, the provision of Section 67(2) could not be applied to reduce the tax liability.

After hearing both sides and examining the records, the Tribunal found no merit in the appeal and dismissed it. The decision was based on the lack of bonafide reasons for the short payment of tax liability and the absence of evidence supporting the application of Section 67(2) to reduce tax liability. The appeal was thus rejected, and the order was pronounced in the open court.