2024 (3) TMI 595 - AT - Service Tax

Valuation - cleaning services - inclusion of value of 'consumable stores' and 'salary paid to their staff as deducted by the party from the gross receipts of taxable services in taxable value - recovery of short paid service tax alongwith interest and penalty - Violation of principles of natural justice - non-speaking order - non-application of mind - HELD THAT - The appellant has not made any submissions before the adjudicating authority on most of the issues raised in the show cause notice. It is found that the demand has been confirmed by the Original Authority without any response from the appellant and in its without consideration of various issues in proper perspective. In the absence of any response on these issues the order is a nonspeaking order and it requires the application of mind of the Adjudication Authority to these issues which are being raised by the appellant in the appeal. These go to the root of matter and require a finding from the original authority before that can be considered in appeal. Without expressing anything on the merits arguments the matter needs to be remanded for denovo consideration by the Adjudicating Authority. Appeal is allowed by way of remand.

Summary

Issues Involved:
1. Inclusion of consumable stores and salary in taxable value.
2. Admissibility of abatement/exemption under Notification No. 15/2012-ST and Notification No. 30/2012-ST.
3. Demand of Service Tax and interest.
4. Imposition of penalties under various sections of the Finance Act, 1994.
5. Validity of the demand based on Form 26AS information.

Summary:

1. Inclusion of Consumable Stores and Salary in Taxable Value:
The adjudicating authority held that the value of 'consumable stores' and 'salary paid to staff' should be included in the taxable value of services under 'Cleaning Activity' for the period from 01.04.2009 to 31.03.2014. The appellant claimed deductions for these expenses, which were disallowed, resulting in a confirmed demand of Service Tax amounting to Rs. 2,03,45,896/-.

2. Admissibility of Abatement/Exemption:
The appellant's claim for abatement/exemption under Notification No. 15/2012-ST dated 17.03.2012 and Notification No. 30/2012-ST dated 20.06.2012 was denied. The adjudicating authority found that the appellant did not provide sufficient documentary proof to support their claim for exemption on the value of consumable stores as per Notification No. 12/2003-ST.

3. Demand of Service Tax and Interest:
The adjudicating authority confirmed the demand of Service Tax of Rs. 2,03,45,896/- under Section 73(1) of the Finance Act, 1994, along with interest under Section 75 of the Finance Act, 1994. The appellant had already deposited Rs. 4,31,035/- towards the Service Tax liability and Rs. 12,712/- towards interest, which were appropriated.

4. Imposition of Penalties:
Penalties were imposed under various sections of the Finance Act, 1994, including:
- Rs. 10,000/- each under Sections 77(1)(b), 77(1)(c), 77(1)(d), and 77(1)(e).
- Rs. 10,000/- under Section 77(2) for failure to submit proper Service Tax Returns.
- Rs. 2,03,45,896/- under Section 78 for contravention of provisions with intent to evade payment of Service Tax.

5. Validity of Demand Based on Form 26AS Information:
The demand was based on third-party information received from the Income Tax Department, referring to Form 26AS. The appellant argued that issues such as limitation and admissibility of various deductions were not properly presented before the adjudicating authority.

Remand for Denovo Consideration:
The Tribunal found that the appellant had not made sufficient submissions before the adjudicating authority on most issues raised in the show cause notice. Consequently, the adjudicating authority issued a non-speaking order. The Tribunal remanded the matter back to the Original Authority for denovo consideration, directing it to decide within 90 days. The appellant's counsel undertook not to seek further adjournments or refunds of any deposits made until the disposal of the matter in denovo proceedings.