9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 1272 - HC - Service TaxTaxability - supply of tangible goods service - service element involved or not while renting the wagons by the Assessee to railways - HELD THAT - The CESTAT except for stating that there is no foundation in the show cause notice bringing out whether any service element is involved while renting the wagons by the appellant to the Railways, by recording aforesaid one sentence as its conclusion disposed of the entire Appeal. It is by now well settled that in Appeal filed before the CESTAT, it is required to refer to all the materials before the Commissioner (Appeals). The order passed by CESTAT is devoid of any reason. The decision of the Commissioner is overruled with a single observation that there is no foundation in the show cause notice bringing out whether any service element is involved while renting the wagons by the respondent Assessee to the Railways and that in the absence of any such foundation, there cannot be taxability. CESTAT while deciding the Appeal has to exercise its jurisdiction as a fact finding authority. We find that the CESTAT has recorded only an abrupt finding without discussing the issue and without mentioning any reason for their conclusion. The Commissioner after a detailed discussion on the facts of the case passed a reasoned order and decided the Appeal. These facts are not adverted to or dealt with by CESTAT - Appeal allowed.
Issues:
Challenge to order passed by CESTAT under Finance Act, 1994 and Central Excise Act, 1944. Analysis: 1. The appellant, Commissioner of CGST, ST & Central Excise, Raigad Commissionerate, filed an Appeal against the order dated 05/04/2017 passed by CESTAT under the provisions of Finance Act, 1994 and Central Excise Act, 1944. The respondent, a public limited company, was found to have leased wagons to Railways, which the appellant argued was liable to service tax under the Finance Act, 1994. A show cause notice was issued for recovery of service tax, interest, and penalty. The Commissioner passed an Order-in-Original confirming the demand, which was appealed by the respondent before CESTAT, leading to the present Appeal. 2. The appellant contended that CESTAT allowed the respondent's Appeal in a perfunctory manner without providing detailed reasoning for its decision. It was argued that CESTAT, as a fact-finding authority, should have passed a reasoned order supporting its conclusions. The appellant highlighted that CESTAT failed to refer to all materials before the Commissioner and did not extensively deal with the Commissioner's findings, which were detailed and reasoned. The appellant cited relevant Supreme Court and High Court decisions emphasizing the importance of detailed consideration by tribunals. 3. On the other hand, the respondent argued that the order passed by the Commissioner and the show cause notice lacked a foundation regarding the involvement of any service element in the wagon leasing activity. Therefore, the respondent believed that CESTAT's decision did not warrant interference as the show cause notice did not establish taxability due to the absence of a service element. The respondent maintained that CESTAT's decision was not perverse and should be upheld. 4. Upon hearing arguments from both parties, the Court examined the case details. The Commissioner's Order-in-Original provided a detailed discussion confirming the demand for service tax, interest, and penalty. In contrast, CESTAT's order lacked reasoning and detailed analysis, providing only a single sentence as its conclusion. The Court noted that CESTAT failed to discuss the issues raised or provide reasons for its decision, which was essential for a fact-finding authority. The Court emphasized that if CESTAT intended to reverse the Commissioner's order, it should have done so with proper reasoning after considering all materials on record. 5. Consequently, the Court allowed the Appeal, quashed and set aside the impugned order passed by CESTAT, and remitted the Appeal back to CESTAT for fresh consideration on its own merits and in accordance with the law. No costs were awarded in this matter. The judgment highlighted the importance of tribunals providing detailed reasoning and analysis in their decisions, especially when reversing orders passed by lower authorities.
|
