9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 549 - HC - Service TaxRectification of mistake - GTA service - appeal against the order of Commissioner (Appeals) - Whether, in the facts and circumstances of the case, the decision of CESTAT in refusing to recall the Final Order for purpose of hearing the appeals together was correct in law even after admitting and correcting the mistake? - Held that - there is no need to advert to the substantial questions of law, raised in the instant Civil Miscellaneous Appeals and at the same time, reserve the rights of the appellant to raise all tenable grounds and substantial questions of law, on the merits of the case, if any, appeal is filed, against Final Order No.41563 of 2017 in Appeal No.ST/505/2009, dated 09.08.2017 - reserving the rights of the appellant in both the appeals, instant Civil Miscellaneous Appeals are dismissed
Issues involved:
- Demand of service tax on pumping charges under the category of "Transportation of goods through pipeline or conduit" - Imposition of penalty under Sections 76, 77, and 78 of the Finance Act, 1994 - Appeal filed against the demand of service tax and subsequent orders by authorities - Rectification of a mistake by CESTAT regarding appeal filed by the Revenue against the Order-in-Original - Challenging the decisions of CESTAT in two separate Civil Miscellaneous Appeals Analysis: 1. Demand of service tax on pumping charges: The respondent, a manufacturer of ready mix concrete, faced proceedings for service tax liability on pumping charges under the category of "Transportation of goods through pipeline or conduit." The Additional Commissioner confirmed the tax demand in Order-in-Original No.84 of 2007. However, the Commissioner of Service Tax (Appeals) set aside the demand in Order-in-Original No.32/2009 (MST), dated 27.07.2009, stating that the activity was not covered by the relevant entry. The CESTAT, Chennai, in Final Order No.40130 of 2014, allowed the appeal by the respondent, setting aside the penalty imposed under Section 78 of the Act. 2. Imposition of penalty: The revisionary jurisdiction was invoked to impose a penalty of &8377; 25,00,000 under Section 78 of the Act due to deliberate suppression of facts. The CESTAT held in Final Order No.40130 of 2014 that since the demand for tax was not sustainable, no penalty could be imposed on the same matter. This decision was challenged by the Commissioner of Service Tax, Chennai, leading to a rectification petition in which CESTAT corrected the mistake but maintained that the order could not be altered as it would amount to reviewing its own decision. 3. Appeal and subsequent orders: The appellant filed an appeal against the demand of service tax, and the Commissioner (Appeals) set aside the demand. However, the Revenue also filed an appeal against this order, which was not initially brought to the attention of the Tribunal. The subsequent development in Final Order No.41563 of 2017 confirmed the order of the Commissioner of Central Excise (Appeals), further complicating the situation. 4. Rectification of mistake: The CESTAT rectified the mistake regarding the appeal filed by the Revenue against the Order-in-Original, acknowledging that the Revenue had indeed filed an appeal. However, the Tribunal clarified that the rectification was limited to correcting the facts and could not alter the original decision. 5. Challenging CESTAT's decisions: The decisions of CESTAT in Final Order No.40130 of 2014 and Miscellaneous Order No.40352 of 2015 were challenged in separate Civil Miscellaneous Appeals, raising substantial questions of law regarding the correctness of the decisions made by CESTAT. However, considering subsequent developments, the Court dismissed the appeals while reserving the rights of the appellant to raise further grounds if an appeal is filed against Final Order No.41563 of 2017.
|
