2018 (9) TMI 1270 - AT - Service Tax

Levy of Service tax - remittance to suppliers to outside India - whether the appellant, who have imported goods and remitted amount to its suppliers outside India, whether they can be liable for payment of service tax on such remittances? Held that - There is no finding and/or averment by the Commissioner that they have received any service from outside India, on which service tax is chargeable - the impugned order is cryptic and vague, as without there being any finding of receipt of service from outside India service tax have been demanded - appeal allowed - decided in favor of appellant.

Summary

Issues: Liability for service tax on remittances for imported goods

Analysis:
The main issue in this appeal was whether the appellant, who imported goods and remitted amounts to suppliers outside India, could be held liable for payment of service tax on such remittances. A show cause notice was issued based on data from the Bank of India, indicating remittances made by the appellant for 'Advertisement Agency Service'. The notice proposed to recover a specific amount towards service tax under reverse charge mechanism for services allegedly received from outside India.

Upon adjudication, a reduced amount of service tax demand was confirmed, dropping the balance demand along with penalties and interest. The appellant's counsel highlighted discrepancies in the remittance amounts certified by the bank, leading to the demand for service tax on the differential amount. However, during the hearing, it was noted that the reduced amount of service tax was confirmed mainly because the bank could not explain the difference in the certificates issued by them. Importantly, there was no finding or averment by the Commissioner that the appellant had received any service from outside India, which is essential for charging service tax.

After considering the arguments from both parties, the tribunal found that the impugned order was cryptic and vague. It was concluded that without any evidence of receiving services from outside India, demanding service tax solely based on remittances was unjustified. Therefore, the tribunal set aside the impugned order and allowed the appeal, entitling the appellant to consequential benefits as per the law. The judgment highlighted the importance of establishing the receipt of services from outside India to levy service tax, emphasizing the need for clear findings in such cases.