2018 (12) TMI 1366 - HC - Service Tax

Rate of tax - jurisdiction of the HC to decide the appeal - cleaning factory premises - Held that - the appeal is taken up for hearing, dispensing with all formalities and dismissed on the ground that this Court has no jurisdiction to entertain it.

Summary

Issues:
1. Interpretation of Section 35G of the Central Excise Act, 1944 in relation to service tax appeals.
2. Determination of assessability to service tax for cleaning factory premises.
3. Jurisdiction of the High Court to decide questions related to the rate of duty in service tax appeals.

Issue 1: Interpretation of Section 35G of the Central Excise Act, 1944 in relation to service tax appeals:
The High Court examined Section 35G of the Central Excise Act, 1944, which applies to service tax appeals by virtue of Section 83 of the Finance Act, 1994. Section 35G specifically states that the High Court does not have jurisdiction to determine questions related to the rate of duty. This provision was highlighted by the respondent's advocate. The Court acknowledged the limitations imposed by this section on its jurisdiction in service tax matters.

Issue 2: Determination of assessability to service tax for cleaning factory premises:
The respondent was involved in the business of cleaning factory premises and disputed their assessability to service tax for this service. The revenue contended that the respondent was liable for service tax, while the tribunal ruled in favor of the respondent. The crucial question before the Court was whether the respondent should be subject to 0% or 12.36% service tax for the cleaning service provided. This issue directly related to the rate of duty, as it impacted the tax liability of the respondent.

Issue 3: Jurisdiction of the High Court to decide questions related to the rate of duty in service tax appeals:
The Court noted that the question of assessability to service tax for the cleaning service was intricately linked to the rate of duty applicable. Referring to a previous order involving a similar dispute, the Court emphasized that the Supreme Court had admitted an appeal related to a comparable matter. Consequently, the High Court allowed the application presented by the appellant, indicating that sufficient cause was demonstrated, and directed the department to register the appeal. However, the Court, with the consent of both parties, dismissed the appeal on the grounds that it lacked jurisdiction to entertain the matter. The appellant was granted liberty to pursue appropriate proceedings in a suitable forum concerning the same cause of action. The appeal and the connected application were ultimately dismissed with the mentioned liberty.

This detailed analysis of the judgment addresses the interpretation of relevant legal provisions, the specific dispute regarding service tax assessability, and the High Court's jurisdictional limitations in determining questions related to the rate of duty in service tax appeals.