2009 (10) TMI 476 - AT - Service Tax

Maintainability- Dispute involving State Public Sector Undertaking. Clearance from Committee on disputes. Tribunal to demand clearance from COD in every case involving PSU as per Supreme Court ruling. Both appellant and revenue contending that for State Government Undertaking, clearance from COD not required. Held that- clearance from COD absent in present case.

Summary

Issues Involved:
1. Maintainability of the appeal.
2. Requirement of clearance from the Committee on Disputes for Public Sector Undertakings (PSUs).

Detailed Analysis:

1. Maintainability of the Appeal
The appeal's maintainability was questioned due to the appellant being a Public Sector Undertaking (PSU) of the State Government of Kerala. The appellant faced adjudication under the Finance Act, 1994, resulting in significant demands for service tax and Education Cess, along with penalties. The adjudicating authority held that the appellant was providing Business Auxiliary Service and storage and warehousing service, thus liable for service tax.

2. Requirement of Clearance from the Committee on Disputes
The primary legal issue was whether the appeal could proceed without clearance from the Committee on Disputes, as mandated by the Apex Court. The Supreme Court had established that disputes involving PSUs must first be examined by a High Power Committee before litigation. This was emphasized in several landmark cases, including Oil and Natural Gas Commission Vs. Collector of Central Excise (1992) and ONGC Vs. CCE (1994). The purpose was to ensure that disputes between government entities are resolved internally to avoid time-consuming and expensive litigation.

The Supreme Court's directive was clear: any court or tribunal must demand clearance from the Committee on Disputes before proceeding with cases involving PSUs. This was reiterated in the case of ONGC Vs. Collector of Central Excise (1994), where it was stated that all pending matters should be referred to the High Power Committee for expeditious resolution.

The Tribunal noted that the need for such a committee had become a law under Article 141 of the Constitution of India. The Tribunal also referenced the Apex Court's decision in ONGC Ltd. Vs. City & Industrial Development Corporation Maharashtra (2009), which reinforced the necessity of reducing litigation through High Power Committees.

The Tribunal dismissed the argument that State Government undertakings do not require such clearance, citing the Apex Court's decisions which apply broadly to all government entities, including state PSUs. The Tribunal emphasized the importance of setting up similar committees at the state level to resolve disputes internally, as highlighted in the case of Chief Conservator of Forest Vs. Collector (2003).

Conclusion
In conclusion, the Tribunal held that in the absence of clearance from the Committee on Disputes, the appeals were not maintainable. Consequently, both the appeals and the stay applications were dismissed. The Tribunal reinforced the Apex Court's mandate that all disputes involving government entities must first seek resolution through the designated High Power Committees to reduce unnecessary litigation and conserve public resources.