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2020 (10) TMI 475 - AT - Service TaxLevy of service tax - works contract service or erection, commissioning and installation service - rescinded notification no. 34/2012-ST dated 20th June 2012 - HELD THAT - The reviewing authority is not aggrieved by the rejection of the proposal in show cause notice to subject the receipts of the respondents to tax as provider of works contract service instead of erection, commission and installation service and the appeal is limited to the inapplicability of notification no. 32/2010-ST dated 22nd June 2010 that has been relied upon by the adjudicating authority. The grounds preferred in the present appeals are also limited to the eligibility of the respondents to avail the benefit of a notification intended for exempting services rendered by distributors of electricity. The appeal has not disputed eligibility under the other notification, exempting services in relation to transmission of electricity which extinguishes tax liability for the period prior to 30th June 2012. The impugned order has confirmed the liability for the period thereafter and found that the noticees therein had paid in excess of such amounts while making their declarations under the scheme - Appeal dismissed - decided against revenue.
Issues:
Appeals filed by Commissioner of Customs on dropped issues under Service Tax Voluntary Compliance Encouragement Scheme, 2013; Eligibility for exemption under notification no. 11/2010-ST; Tax liability determination for services rendered by Maharashtra State Electricity Distribution Company Ltd; Dispute over abatement and composition rate application; Exemption under notification no. 45/2010-ST for transmission of electricity; Applicability of notification no. 32/2010-ST for distribution of electricity; Grounds for appeal limited to eligibility for exemption under distributor notification. Analysis: The appeals before the Appellate Tribunal CESTAT Mumbai involved ten cases filed by the Commissioner of Customs concerning issues dropped under the Service Tax Voluntary Compliance Encouragement Scheme, 2013. The appeals arose from identical issues in proceedings initiated under section 111 of the Finance Act, 2013. The Tribunal disposed of the appeals after hearing representations from both sides, where the respondents relied on a previous decision upholding eligibility for exemption under notification no. 11/2010-ST without resorting to notification no. 32/2010-ST, which was the cause of grievance for seeking appellate remedy by the reviewing authority. The respondents were involved in 'erection, commissioning, and installation' services contracted by Maharashtra State Electricity Distribution Company Ltd. They opted for the voluntary compliance scheme in 2013, admitting to unpaid tax liability. The dispute arose regarding the computation of tax liability based on the gross value of taxable services rendered and the application of abatement permitted in notification no. 1/2006-ST instead of the 'composition rate' for works contract services. The respondents claimed exemption for receipts related to the distribution of electricity under circular no. 123/5/2010-TRU, which was not considered by the tax authorities. The adjudicating authority held that tax liability was erased by notification no. 45/2010-ST for services related to transmission and distribution of electricity until rescinded by notification no. 34/2012-ST. The reviewing authority's appeal was limited to the inapplicability of notification no. 32/2010-ST, which was relied upon by the adjudicating authority. The Tribunal upheld the eligibility for exemption under notification no. 11/2010-ST until 30th June 2012, and notification no. 45/2010-ST for the period prior to 26th February 2010. The Tribunal dismissed the Revenue's appeals, as the grounds were limited to the eligibility of the respondents under a specific notification intended for exempting services rendered by distributors of electricity. The liability for the period after 30th June 2012 was confirmed, and the appeals were found to lack merit.
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