2018 (2) TMI 681 - AT - Service Tax

Valuation - Cargo handling services - includibility - crab hire charges - crane hire charges - labour charges collected from their customers - Held that - the entire case sought to be built by the department against the respondent is based on presumption that the crane, grab and labour charges indicated in the P&L Account might/would have been part of the Cargo Handling Services and / or Maintenance of Repair services. It is interesting to note that even the SCN is not able to make up its mind into which service these charges would fall. The allegation built up on assumption and presumption is not sustainable in law - appeal dismissed - decided against Revenue.

Summary

Issues:
- Discrepancy in taxable income declaration
- Allegations based on presumption without concrete evidence

Discrepancy in taxable income declaration:
The case involved M/s. Hindustan Engineering Works providing maintenance, repair, and cargo handling services, and being a recipient of Goods Transport Agency services. The department alleged that the respondent did not include certain charges in their taxable service related to cargo handling services, leading to a differential tax liability demand. The original authority confirmed this demand, but the Commissioner (Appeals) set it aside, prompting the department's appeal. The department argued that the respondent failed to provide documentation justifying the differential taxable income. However, the Tribunal noted that the department's case was solely based on the assumption that certain charges were related to taxable services without concrete evidence. The Tribunal agreed with the lower appellate authority that the allegations were not supported by sufficient evidence and dismissed the appeal.

Allegations based on presumption without concrete evidence:
During the hearing, the department reiterated its grounds of appeal, emphasizing the lack of documentation from the respondent to support the differential taxable income. In response, the respondent's counsel argued that the department's allegations lacked a solid evidentiary basis and were merely assumptions without factual support. The Tribunal observed that the department's case rested on presumptions regarding the nature of charges in the P&L Account, without clear evidence linking them to specific taxable services. The Tribunal found that the entire case against the respondent was built on assumptions and presumptions, with the department unable to definitively classify the charges in question. Consequently, the Tribunal concluded that the department's case lacked merit and upheld the lower appellate authority's decision to set aside the demand for differential tax liability.

This judgment highlights the importance of concrete evidence in tax-related disputes and emphasizes that allegations based on assumptions and presumptions without factual support are not sustainable in law. The Tribunal's decision serves as a reminder of the burden of proof on the department to establish tax liabilities based on clear evidence rather than speculative assumptions.