2008 (3) TMI 73 - AT - Service Tax

Exemption under notification no. 12/2003 - Value of goods and material if sold shall be exempted - since the notification did not specify any document, the CA certificate with the purchase bills are valid documents to allow exemption.

Summary

Issues:
Appeal against order granting benefit of Notification No. 12/2003-ST - Acceptance of certificate and purchase bills as evidence - Compliance with guidelines dated 7.4.2004 - Determination of duty liability in remand proceedings.

Analysis:

1. Appeal against Order Granting Benefit of Notification:
The appeal was filed by the Department challenging the order of the Commissioner (Appeals) granting the respondent the benefit of Notification No. 12/2003-ST dated 20.6.2003. The Commissioner (Appeals) had remanded the matter to the original authority for computing the taxable value and service tax liability of the respondent. The Tribunal found no grounds for granting a stay and proceeded to hear and dispose of the appeal.

2. Acceptance of Certificate and Purchase Bills as Evidence:
The Department contended that the Commissioner (Appeals) had erred in accepting the certificate from the Chartered Accountant and the purchase bills as evidence for the use of materials in providing the service. The Department argued that this acceptance was against the guidelines issued by the Board. However, the Tribunal noted that the notification did not specify any particular document for extending the benefit, only requiring documentary proof indicating the value of goods and materials. Therefore, the Commissioner (Appeals)'s decision to accept the certificate and purchase bills was deemed reasonable.

3. Compliance with Guidelines:
The Tribunal observed that the Commissioner (Appeals) had remanded the matter to the original authority for determining the actual duty liability based on the directions provided. Despite the Department's argument regarding compliance with guidelines, the Tribunal found that the acceptance of the documents by the Commissioner (Appeals) was valid within the framework of the notification.

4. Determination of Duty Liability in Remand Proceedings:
Ultimately, the Tribunal dismissed the appeal of the Department, upholding the decision of the Commissioner (Appeals). The original authority was directed to determine the duty liability in the remand proceedings as per the directions given by the Commissioner (Appeals). The Tribunal's decision was based on the lack of merit in the Department's appeal and the proper handling of the case by the Commissioner (Appeals).

In conclusion, the Tribunal affirmed the decision of the Commissioner (Appeals) regarding the benefit of the notification and the acceptance of documents as evidence, emphasizing the need for compliance with the directions for determining duty liability in the remand proceedings.