2018 (12) TMI 954 - AT - Service Tax

Valuation - inclusion of value received by the individual cable operators - clubbing the value of services provided by the individual cable operators - Held that - The appellants formed an association and have registered themselves, as MSO/cable operators and have paid part of the tax liability. The demand of service tax is not only based on the statement of the Managing Partner but is also based on the records / registers retrieved during the investigation. Therefore, we find that there is no merit in the submissions made by the appellants. The demand is confirmed and penalty under Section 76 is set aside and other portions of the order are upheld - appeal allowed in part.

Issues:
1. Allegations of demand of service tax on a non-existent private limited company.
2. Allegations of providing cable operator services versus MSO services.
3. Clubbing of value received by individual cable operators for service tax.
4. Imposition of penalty under Sections 76 and 78 simultaneously.
5. Confirmation of demand of service tax based on Managing Partner's admission and investigation records.

Analysis:
1. The appellant contended that the demand of service tax on a non-existent private limited company is flawed as it was never registered, challenging the basis of the allegations. The appellant argued that the show-cause notice lacked specificity and erroneously accused them of providing cable operator services instead of MSO services. The appellant also highlighted discrepancies in the notice and questioned the reliance on a single statement without corroborating evidence from other sources.

2. The proceedings were initiated under the assumption that the appellant was a MSO providing services to cable operators. The appellant disputed this characterization and emphasized that the service tax was demanded based on amounts collected through various individuals. The appellant asserted that there was no intent to evade duty, citing precedents to support the argument that penalties under Sections 76 and 78 cannot be imposed simultaneously.

3. The appellant raised concerns about the clubbing of value received by individual cable operators for service tax purposes. The appellant argued that the value included in the taxable amount belonged to the cable operators and should not have been attributed to them. The appellant challenged the validity of the notice based on these grounds and emphasized the lack of evidence supporting the allegations.

4. The Appellate Tribunal examined the registration status of the appellant and noted discrepancies in the information provided to the authorities. The Tribunal found that the appellant had obtained a service tax registration but failed to disclose their registration status with the Registrar of Companies. The Tribunal also scrutinized the statements made by the Managing Partner and the contradictions in the appellant's submissions, ultimately setting aside the penalty imposed under Section 76.

5. The Tribunal upheld the demand of service tax based on the Managing Partner's admission and investigation records. Despite the appellant's arguments, the Tribunal found no merit in their submissions and confirmed the demand of service tax while setting aside the penalty under Section 76. The Tribunal concluded that the appellant, as a registered MSO/cable operator association, was liable for the service tax based on the evidence presented during the proceedings.

This detailed analysis highlights the key legal issues raised in the judgment and the Tribunal's comprehensive examination and decision on each issue.

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