2009 (6) TMI 94 - AT - Service Tax

GTA service - we find that the Notification in question which grants abatement for the purpose of payment of service tax is available to the assessee subject to fulfillment of the condition therein. The appellants have not fulfilled the same. It is their contention that it was not possible for them to produce any evidence to show that service provider has not availed the credit or benefit of the Notification No. 12/03. We find that there is no relaxation given in the said Notification No. 32/04 and the condition attached thereof cannot be relaxed - appellant does not have a prima facie case so as to allow this stay petition unconditionally

Summary

Issues:
Service tax liability under Notification No. 32/04-ST for Goods Transport Agency (GTA) service availed by the manufacturer. Fulfillment of conditions for availing abatement. Imposition of penalty under Section 76 of the Finance Act, 1994.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Ahmedabad addressed the issue of service tax liability against the appellant for availing Goods Transport Agency (GTA) service under Notification No. 32/04-ST. The appellant, a manufacturer of excisable goods, held Service Tax Registration for the GTA service. The dispute arose from the lack of fulfillment of conditions specified in the notification. The exemption under the notification is subject to conditions, including non-availment of credit on inputs or capital goods and not benefiting from Notification No. 12/2003-ST. The appellant failed to provide evidence to show compliance with these conditions, leading to the confirmation of demand and imposition of penalty by the original adjudicating authority.

The Tribunal found that the abatement under Notification No. 32/04-ST is contingent upon fulfilling the specified conditions, which the appellant did not meet. The appellant's argument that they couldn't produce evidence regarding the service provider's compliance was not accepted, as the notification did not provide for relaxation of conditions. The Tribunal emphasized that the benefit of the notification is only available when conditions are satisfied, and in this case, the conditions were not fulfilled. The Tribunal also considered previous decisions highlighting the importance of evidence or declaration to support claims for abatement, rejecting the appellant's plea based on the transporter's illiteracy in issuing consignment notes.

Consequently, the Tribunal held that the appellant lacked a prima facie case for an unconditional stay. They directed the appellant to deposit 50% of the duty amount within eight weeks, with the remaining tax and penalty pre-deposit requirement being dispensed with. The compliance was scheduled to be reviewed on a specified date. The judgment underscores the significance of adhering to conditions for availing tax exemptions and the necessity of providing evidence to support claims in such matters.