2012 (9) TMI 139 - AT - Service Tax

Non adjustment of excess service tax paid with service tax liability in the subsequent period - Held that - As the adjudicating authority has himself accepted the ST-3 returns clearly indicating the adjustments being made by the appellant regarding the excess payment towards the subsequent liability, the show cause notice dated 15.10.09 seeking to demand the service tax liability during the material period in question is blatantly time barred - in favour of assessee.

Summary

Issues:
- Stay petition for waiver of pre-deposit of service tax, interest, and penalty.
- Correctness of service tax liability adjustment.
- Time limitation for demanding service tax liability.

Analysis:
The judgment pertains to a stay petition seeking the waiver of pre-deposit of service tax, interest, and penalty amounting to Rs.16,63,838/-. The adjudicating authority and the first appellate authority upheld the amounts, citing incorrect adjustment of service tax liability by the appellant. However, the Tribunal dispensed with the pre-deposit condition and proceeded to hear the appeal. The period under consideration was the adjustment of excess service tax paid by the appellant between 01.10.06 to 31.03.07 and 01.04.07 to 30.09.07.

Regarding the correctness of the service tax liability adjustment, it was noted that the appellant had filed ST-3 returns indicating the adjustment of excess service tax paid in earlier periods towards subsequent liabilities. Despite this clear indication and the mention of Rule 6(3) of the Service Tax Rules, the lower authorities issued a show cause notice alleging suppression and misstatement of facts on 15.10.09. The Tribunal found that the adjudicating authority had accepted the adjustments made by the appellant, rendering the show cause notice time-barred. Consequently, the impugned order was set aside, and the appeal was allowed solely on the grounds of limitation.

In conclusion, the Tribunal's decision primarily focused on the time limitation for demanding the service tax liability, emphasizing the acceptance of adjustments made by the appellant in their ST-3 returns and ruling the show cause notice as time-barred. The judgment highlights the importance of adherence to procedural timelines and the significance of documentary evidence in tax liability disputes.