2008 (1) TMI 181 - AT - Service Tax

Appellant, at the outset, questioned the jurisdiction of the adjudication authority - As the alleged service provider is at Delhi, the CCE, Allahabad, will not have any jurisdiction for taking any action - appellant is not in a position to enlighten us exact nature of services rendered - appellant doesn t have prima facie a strong case on merits stay partly granted - On deposit of such amount, the balance of tax and penalties will be waived till the disposal of the appeal

Summary

Issues:
Jurisdiction of the adjudication authority regarding service tax liability. Interpretation of the scope of work under the agreement with M/s. ABB ALSTOM Power India Ltd. Invocation of a longer period for tax assessment. Allegation of suppression of facts. Pre-deposit requirement for appeal.

Jurisdiction Issue:
The appellant questioned the jurisdiction of the adjudication authority, arguing that since the alleged service provider is in Delhi, the Commissioner of Central Excise, Allahabad, lacks jurisdiction. The service tax liability arose from funds received by the Headquarters in Delhi, and the appellant's factory is in UP.

Interpretation of Scope of Work:
The appellant's counsel presented the agreement with M/s. ABB ALSTOM Power India Ltd. and contended that the activities fell under Business Auxiliary Service, not Management Consultancy Services. The appellant highlighted that no service tax was applicable during the disputed period for Business Auxiliary Service, and the longer assessment period was unjustified without evidence of tax evasion.

Invocation of Longer Assessment Period:
The appellant argued against the invocation of a longer assessment period, citing the absence of suppression of facts or intent to evade tax. Referring to the Show Cause Notice and the balance sheet disclosure, the appellant claimed that being a public limited company, there was no intent to conceal information, as supported by legal precedent.

Allegation of Suppression of Facts:
The Department contended that the nature of services and payment details were unclear, despite requests for clarification. The Department raised concerns about the lack of clarity regarding the services rendered by the appellant to M/s. ABB ALSTOM Power India Ltd.

Pre-deposit Requirement for Appeal:
After considering the arguments, the Tribunal found the appellant unable to clarify the nature of services provided, leading to a lack of prima facie merit in the case. As a result, a pre-deposit of Rs. 5,00,000 was ordered within two months, with the waiver of the balance of tax and penalties until the appeal's final disposal.

This judgment addresses multiple issues, including jurisdictional challenges, interpretation of contractual terms, assessment period invocation, allegations of suppression, and pre-deposit requirements for appeal, providing detailed analysis and considerations for each aspect of the case.