2018 (3) TMI 1243 - AT - Service Tax

Business Auxiliary services - amount booked under the head other miscellaneous income - Department alleged that such income is received on account of various services provided by the assessee - Held that - the argument raised by the assessee that miscellaneous income is not on account of any rendering of service but on account of sale of miscellaneous articles has been supported by the submission of Certificate issued by Chartered Accountant. But from the observations of adjudicating authority it appears that such detailed break-up of the various items under miscellaneous income as well as certificate issued by Chartered Accountant service does not seem to have been considered by the adjudicating authority. The matter remanded to the adjudicating authority for consideration of full documents and to give detailed finding and reasoning for his conclusion - appeal allowed by way of remand.

Summary

Issues:
1. Whether the income booked under "other income" by the respondent-assessee is liable for Service Tax under Business Auxiliary Service (BAS).

Analysis:
The Department filed an appeal against the order-in-original passed by the Commissioner of Service Tax, New Delhi, regarding the income booked under "other income" by the respondent-assessee. The Department alleged that the income received, including rental income, fell under the ambit of BAS, leading to a show cause notice for Service Tax demand, interest, and penalties. However, the Commissioner dropped the demand during adjudication, stating that no element of service was involved in this income. The Revenue contested this decision, arguing that the Commissioner's reasoning was insufficient and the issue needed re-examination.

The arguments presented by both sides revolved around whether the miscellaneous income was derived from services provided by the assessee or from other sources like the sale of broken glass. The respondent-assessee supported their stance with detailed submissions and certificates from Chartered Accountants, asserting that the income was not related to any service provision. Despite this, the adjudicating authority's conclusion was deemed cryptic and lacking in detailed reasoning, failing to consider the breakdown of the miscellaneous income and the supporting certificates adequately.

The Appellate Tribunal found that the adjudicating authority's decision was not sufficiently reasoned and lacked a detailed examination of the documents provided by the assessee. As a result, the impugned order was set aside, and the matter was remanded to the adjudicating authority for a thorough reconsideration. The authority was directed to provide the assessee with an opportunity for additional submissions concerning the miscellaneous income, ensuring a comprehensive examination of the issue before reaching a conclusion. Ultimately, the appeal was allowed by way of remand, emphasizing the need for a more detailed and reasoned decision in light of the complex nature of the case.