2014 (2) TMI 392 - HC - Service Tax

Waiver of pre-deposit - CESTAT ordered to deposit major portion of demand - Levy of service tax on works contract - Held that - The condition as to pre-deposit of the entire amount involved would certainly put heavy burden on the assessee. Whatever may be the justification in enacting such a provision, the remedy of appeal for a citizen cannot be made so dearer, nor can it be kept beyond the reach of an assessee. Indiscriminate denial of the power of waiver would result in a situation where an aggrieved party would be indirectly told pay or perish . Just as levy of taxes is an attribute of sovereign power, adjudication of disputes is equally an important attribute of the same species. The only difference is while the former partakes the character of the right of the sovereign Government, the latter is in the form of its duty. Unless it is tempered with an element of reasonableness, the adjudicatory mechanism is prone to be just an eye-wash - stay order modified to allow stay to the extent 50% of demand.

Summary

Issues:
1. Appeal filed under Section 35G of the Central Excise Act, 1944 challenging service tax demand, interest, and penalties.
2. Tribunal's order granting partial waiver of pre-deposit.
3. Challenge to Tribunal's order before High Court seeking further waiver.

Analysis:

Issue 1: Appeal against Service Tax Demand, Interest, and Penalties
The appellant, a company engaged in infrastructure projects, challenged the service tax demand, interest, and penalties imposed by the respondent based on intelligence received. The respondent's order confirmed the demand amounts, interest under Section 75, penalty under Sections 77 and 78 of the Finance Act. The appellant filed an appeal before the Tribunal, contesting the imposition of these charges.

Issue 2: Tribunal's Partial Waiver of Pre-Deposit
The Tribunal granted a partial waiver of pre-deposit, allowing 66% waiver of the demanded amount and penalties. Dissatisfied with this decision, the appellant approached the High Court through a writ petition seeking further relief.

Issue 3: High Court's Decision on Further Waiver
The High Court observed that the appeal was limited to the waiver of pre-deposit condition. It highlighted the discretionary power of the appellate authority to grant such waivers based on the circumstances of each case. The Court emphasized the need for reasonableness in adjudicatory mechanisms to balance the interests of the appellant and the revenue. Ultimately, the Court partly allowed the appeal, granting a 50% waiver of the demanded amounts and penalties, while directing the appellant to pay the remaining half within a specified timeframe.

This judgment showcases the judicial review of tax demands and the discretionary power of appellate authorities to grant waivers in specific cases. The High Court's decision aimed at balancing the interests of both parties while ensuring access to the appeal process for the appellant.