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2019 (7) TMI 280 - HC - Service TaxJurisdiction - power to conduct audit - Rule 5A of the Service Tax Rules, 1994 read with Section 174(2)(e) of the Central Goods and Services Tax Act, 2017 - HELD THAT - The issue of the saving of Rule 5A(2) of Service Tax Rules, 1992 on introduction of CGST Act, 2017 is an issue that requires detailed consideration. This would be appropriately done at the final hearing. Thus, granting of interim relief at this stage would tantamount to granting final relief at the stage of admission. Moreover, the balance of convenience is against the petitioner. The Respondents seeks to carry out audit in terms of Rule 5A of Service Tax Rules, 1994 and Section 174 of the CGST Act for the period prior to the introduction of CGST Act. Grant of interim relief at this stage would prevent the respondents from carrying out audit as permitted under Rule 5A of Service Tax Rules, 1994 and Section 174(2)(e) of the CGST Act.
Issues:
1. Declaration of power under Rule 5A of Service Tax Rules, 1994 and Section 174(2)(e) of the CGST Act for audit. 2. Setting aside communications seeking audit for the period prior to the introduction of CGST Act. 3. Interpretation of judgments from various High Courts regarding similar challenges. 4. Consideration of the saving of Rule 5A(2) of Service Tax Rules, 1992 on the introduction of CGST Act, 2017. 5. Granting of interim relief and balance of convenience for conducting audit. Analysis: Issue 1: The petition sought a declaration that the Respondents lacked the power to conduct an audit for the period before the introduction of the CGST Act. The petitioner aimed to set aside communications seeking audit for the specified period. The petitioner argued that Rule 5A of the Service Tax Rules, 1994 could not be enforced based on judgments from different High Courts. However, the Court noted that these judgments were at the ad interim stage and subject to further consideration. The Court highlighted that granting interim relief at this stage would be akin to providing final relief during admission, and the balance of convenience favored allowing the audit to proceed. Issue 2: The Court acknowledged the reliance on judgments from various High Courts but emphasized that the issue of saving Rule 5A(2) of Service Tax Rules, 1992 upon the introduction of the CGST Act required detailed consideration. The Court indicated that this matter would be appropriately addressed at the final hearing, and granting interim relief could hinder the audit process, potentially leading to delays and time-barred actions. Issue 3: The Court highlighted that the judgments cited by the petitioner were still pending further orders and that no substantial support could be drawn from them at that stage. Additionally, the Court noted that the judgment from the Delhi High Court had been stayed by the Supreme Court, making it irrelevant for the current proceedings. Issue 4: The Court emphasized the importance of considering the saving of Rule 5A(2) of Service Tax Rules, 1992 upon the introduction of the CGST Act during the final hearing. The Court reasoned that allowing interim relief could impede the audit process, causing potential difficulties in gathering necessary information and responding to audit queries effectively. Issue 5: The Court concluded that no prejudice would be caused to the petitioners by subjecting themselves to the audit at that stage. It was noted that any further actions based on the audit report could be challenged by the petitioners through a separate court application, which would be considered at the appropriate time. The Court highlighted the importance of allowing the audit to proceed to avoid potential time constraints and ensure effective compliance with the relevant laws.
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