2012 (10) TMI 597 - AT - Service Tax

Demand of service tax - Business Auxiliary Service - appellant was functioning as a commission agent for AAI by collecting PSF for AAI and remitting the collections to them Held that - Collection charges at the rate of 2.5% on PSF were adjusted against a penal interest leviable from the appellant at the rate of 18% on the PSF collected and retained by them till its remittance to AAI. It would appear from these adjustments that collection charges were eventually received by the appellant from AAI. These charges constituted the taxable value for the impugned levy - appellant directed to pre-deposit partly.

Summary

Issues Involved:
1. Condonation of delay in filing the appeal.
2. Stay application for waiver and stay of Service tax demand and penalties.
3. Interpretation of 'Business Auxiliary Service' and liability for service tax.
4. Applicability of extended period of limitation.
5. Consideration of financial hardships as a factor in the case.
6. Requirement of pre-deposit and conditions for waiver and stay.

Analysis:

Condonation of Delay:
The appeal was delayed by 84 days, and the appellant sought condonation of the delay citing reasons related to the change in the officer in charge of Taxation & Finance. The Tribunal, after considering the facts presented in the application and hearing the appellant's counsel, allowed the condonation of delay as it was satisfied that the delay was caused by sufficient reasons.

Stay Application - Service Tax Demand:
The appellant filed a stay application seeking waiver and stay concerning the Service tax demand and penalties imposed. The demand was related to Business Auxiliary Service, specifically the collection of Passenger Service Fee (PSF) on behalf of the Airports Authority of India (AAI). The appellant argued that the collection charges were not received from AAI and that the extended period of limitation was not applicable.

Interpretation of 'Business Auxiliary Service' and Liability:
The Tribunal examined whether the appellant was functioning as a commission agent for AAI by collecting PSF and remitting the collections to them. It was noted that collection charges were eventually received by the appellant from AAI, forming the taxable value for the levy. The Tribunal prima facie viewed that the appellant was liable to pay service tax under the Business Auxiliary Service category.

Extended Period of Limitation and Financial Hardships:
Regarding the plea of limitation, a portion of the service tax was deemed recoverable within the normal period. The appellant's claim of financial crisis was considered, supported by the balance sheet showing significant accumulated losses. Despite the lack of documentary evidence, the Tribunal leaned towards acknowledging the financial hardships in the interest of justice.

Pre-Deposit Requirement and Waiver Conditions:
Considering all circumstances, the Tribunal directed the appellant to pre-deposit a specified amount within a deadline. Compliance with this pre-deposit would lead to a waiver of pre-deposit and stay of recovery concerning penalties, service tax, and interest. The conditions for compliance and reporting were clearly outlined by the Tribunal.

In conclusion, the judgment addressed various issues such as delay condonation, interpretation of legal provisions, financial considerations, and pre-deposit requirements, providing a detailed analysis and decision on each aspect of the case.