2018 (11) TMI 453 - AT - Service Tax

Time limitation for filing appeal - Demand of Interest on the late payment of service tax - Held that - The Commissioner (Appeal), in the impugned order has not considered the aspect of limitation as demand is raised for the period from 2009 to 2012, vide the impugned Show Cause Notice on 29/1/2017 - the demand is well beyond the period of time limit prescribed under Section 73(1) of the Finance Act, 1994 - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Appeal against order passed by Ld. Commissioner (Appeals) upholding order by lower Adjudicating Authority.
2. Failure to pay service tax on services provided to clients.
3. Demand of interest on late payment of service tax.
4. Contention of demand being time-barred.
5. Consideration of limitation period by Commissioner (Appeal) in the impugned order.

Analysis:
1. The appellant filed an appeal against the order passed by the Ld. Commissioner (Appeals), which upheld the decision of the lower Adjudicating Authority. The appellant, a service provider registered under specific categories, was found to have not paid service tax on services provided to clients during an audit for the years 2009-10 and 2010-11. The appellant subsequently paid the outstanding service tax amount but did not pay the interest demanded by the Revenue, leading to a Show Cause Notice and subsequent adjudication.

2. The appellant argued that the demand was time-barred as the Show Cause Notice was issued in 2017 for the period between 2009 and 2012. The appellant's representative contended that the order passed by the Adjudicating Authority and Commissioner (Appeal) was contrary to the provisions of Section 78 of the Finance Act, 1994, and requested setting aside of the impugned order.

3. The Revenue, represented by the Ld. DR, argued that there was suppression of facts by the appellant regarding non-payment of service tax and not reflecting it in the statutory records as required by the Finance Act, 1994. The Ld. DR cited a specific paragraph from the impugned order to justify the demand for interest on late payment of service tax, emphasizing the appellant's lack of compliance with the law.

4. Upon considering the arguments from both sides and reviewing the appeal records, the Tribunal found that the Commissioner (Appeal) had not taken into account the limitation period, as the demand was raised for the period from 2009 to 2012 in a Show Cause Notice issued in 2017. The Tribunal concluded that the demand exceeded the time limit prescribed under Section 73(1) of the Finance Act, 1994. Consequently, the impugned order was set aside, and the appeal was allowed.