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2008 (3) TMI 61 - HC - Service TaxSCN issued alleging that activity of leasing out studio would come under video production agency instead of replying SCN writ petition was filed - issue in this petition was whether impugned activity comes under video production agency impugned issue has to be determined by fact finding body & challenge to it at stage of SCN (without providing details to authorities so as to enable them to render finding of fact) isn t legally sustainable 15 days granted to assessee to file reply to SCN
Issues:
Challenge to show cause notice and circular regarding service tax liability. Analysis: The appellant filed two writ petitions challenging a show cause notice and a circular issued by the Central Board of Excise and Customs. The show cause notice alleged non-payment of Service tax by the appellant studio and directed them to provide details of charges collected and tax paid. The appellant denied involvement in video production and non-payment of Service tax. The notice stated that the appellant had not paid Service tax on studio hire charges despite Ministry clarifications and directed them to show cause within thirty days. Instead of replying, the appellant filed the writ petition. In the writ petition, it was argued that the show cause notice was based on a clarification by the Central Board of Excise and Customs, which included studio activities for taxation, contending it was impermissible. The learned single judge dismissed the petition stating the issue was whether the appellant's activity fell under the definition of video production agency, needing factual determination. The appellant's argument was based on a previous judgment, which was also referred to the High Court. The High Court found no merit in the case, supporting the single judge's decision and the show cause notice's terms. It emphasized that classification for tax purposes is the authority's prerogative and cannot be solely determined through affidavits in writ proceedings. The Court granted the appellant fifteen days to reply to the show cause notice, instructing authorities to consider the reply impartially. The writ appeals were disposed of without costs, and related motions were closed.
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