2023 (11) TMI 477 - HC - Service Tax

Ocean freight - transportation of goods by a vessel from a place outside India up to the customs station - Constitutional Validity of N/N. 22/2014-ST dated 16.09.2014 - vires violative of Article 14 of the Constitution of India and Rule 3 of the Service Tax Rules, 1994 - vires of Rule 10 of the Place of Provision of Service Rules, 2012 and Rule 2(1)(d)(EEC) of the Service Tax Rules, 1994 - validity of Section 66B of the Act read with Rule 10 of the POPS Rules. HELD THAT - The petitioner submits that the petitioner would be satisfied if the SCN is set aside and the matter is relegated to respondent no. 1 for issuance of a fresh show cause notice - The SCN is set aside.

Summary

Issues involved:
The petition seeks to challenge the impugned Notification, the show cause-cum-demand Notice, the validity of certain rules, and the imposition of Service Tax on transportation services.

Impugned Notification:
The petitioner challenges Notification No. 22/2014-ST dated 16.09.2014 as ultra vires and violative of Article 14 of the Constitution and Rule 3 of the Service Tax Rules, 1994.

Show Cause-cum-demand Notice:
The petitioner contests the show cause-cum-demand Notice No. 62/2020-ST dated 29.12.2020, which demands a substantial sum of money on various accounts, including capacity charges, late payment surcharge, and ocean freight on transportation of coal.

Validity of Rules:
The petitioner questions the validity of Rule 10 of the Place of Provision of Service Rules, 2012, Rule 2(1)(d)(EEC) of the Service Tax Rules, 1994, and Section 66B of the Act concerning the levy of Service Tax on transportation services.

Service Tax Imposition:
The High Court refers to previous judgments where the levy of GST on ocean freight was struck down, indicating a similar stance on the imposition of service tax on capacity charges and late payment surcharges.

Circular by Department of Revenue:
The circular dated 03.08.2022 by the Department of Revenue is cited, emphasizing the treatment of late payment surcharges and fixed capacity charges for power, providing clarity on the taxability of such components.

Decision:
The High Court sets aside the show cause-cum-demand Notice, noting that the circular was issued post the Notice, allowing for the possibility of a fresh show cause notice considering the circular's import and relevant judicial decisions. The exclusion of time for limitation purposes is also clarified in case of a fresh notice.