2024 (9) TMI 241 - AT - Service Tax

Recovery of service tax with interest and penalty - denial of CENVAT Credit - demand raised on the basis of 26AS record - appellant has not submitted any documents - HELD THAT - During the impugned period divergent opinion was being taken by the Tribunal and the Courts; no positive act of commission/ omission on the part of the appellants is evidenced to allege suppression of fact mis-declaration with intent to evade payment of duty so as to invoke extended period. Therefore the Revenue has not made out even a weak case for invocation of extended period. The Show Cause Notice issued invoking extended period is not maintainable and therefore the impugned order passed in pursuant of the same requires to be set aside. It is further found that certain portion of the demand is beyond the extended period also. Appeal allowed.

Summary

Issues:
Appeal against demand of service tax, denial of credit under CENVAT Credit Rules, 2004, valuation of contracts, taxability of projects, invocation of extended period, limitation of demand period.

Analysis:
The case involved M/s Girdhari Lal Construction Pvt. Ltd., registered for service tax under "Construction of Residential Complex" and "Construction of Commercial and Industrial Complex" services. A Show Cause Notice was issued proposing recovery of service tax, interest, and penalties, denying credit under CENVAT Credit Rules, 2004. The Commissioner confirmed a demand of service tax, penalties, and recovery of CENVAT credit but dropped certain demands. Appeals were filed by both the appellant and the Revenue against the decisions.

The main issues raised by the appellant included the correct valuation of contracts, taxability of projects, and denial of credit reversal under CENVAT Credit Rules. The appellant argued that the valuation rules were incorrectly applied, certain projects were exempt, and the reversal of credit was unjustified. The appellant also raised concerns regarding the taxability of services provided to specific entities and the invocation of the extended period for demand.

The appellant's arguments were supported by legal precedents and case laws to establish their position on the issues raised. They contended that the valuation of contracts, payment of taxes, and credit availed were in compliance with the law. The appellant sought a reevaluation of the demands based on the evidence presented and legal interpretations.

On the other hand, the Revenue contested the appellant's claims, emphasizing the correctness of the original decision and the lack of evidence supporting the appellant's contentions. The Revenue argued that the demands were justified, the extended period was appropriately invoked, and the appellant failed to provide necessary documentation to substantiate their claims.

After hearing both sides and examining the records, the Tribunal found that the Show Cause Notice was based on audit findings and lacked sufficient evidence to invoke the extended period. The Tribunal concluded that the Revenue failed to establish suppression of facts or intent to evade duty, rendering the extended period invalid. Consequently, the demands beyond the limitation period were also deemed unsustainable.

In the final judgment, the Tribunal allowed the appeal filed by M/s Girdhari Lal Construction Pvt. Ltd. on the grounds of limitation, setting aside the demands. The Revenue's appeal was dismissed, and the cross objection filed by the Department was disposed of accordingly. The decision was pronounced in open court on 04/09/2024.