2006 (7) TMI 41 - AT - Service Tax

Service Tax Service tax paid on basis of self assessment is valid discharge of tax and not liable to be refunded Appellant as a company registered with sales tax authority with turnover of Rs. 50 lakhs get covered in clause (i) of Notification No.43/97

Summary

Issues:
Refund claim of service tax paid by the appellant, applicability of self-assessment for service tax liability, exemption under Notification No. 43/97 for goods transport operators, interpretation of the amended notification, categorization of the appellant under the exemption criteria.

Analysis:
The appellant had availed services of goods transport operators and paid service tax, later claiming a refund based on a Supreme Court ruling. The refund claim was rejected by the adjudicating authority and the Commissioner (Appeal). The appellant self-assessed and paid the service tax without a show cause notice or departmental direction. The Tribunal noted the Division Bench's decision that tax paid through self-assessment is valid and not refundable. The issue was found to be covered against the appellant by the Division Bench's decision.

The appellant argued for exemption under Notification No. 43/97, claiming to fall under the category exempted from paying service tax. However, the Tribunal found the appellant to be a limited company falling under a different category, thus dismissing this argument as fallacious. The Tribunal interpreted the amended notification and categorically stated that the appellant did not qualify for exemption under the notification.

In conclusion, the Tribunal found no merit in the appeal and dismissed it, upholding the original decision to reject the refund claim. The judgment emphasized the validity of self-assessment for service tax liability and clarified the appellant's ineligibility for exemption under Notification No. 43/97 based on their categorization as a limited company.