2014 (7) TMI 238 - AT - Service Tax

Waiver of pre-deposit - demand is from South East Central Railway, Nagpur on the ground that the Indian Railways provided the taxable service - Held that - demand is for the period 2005-06 to 2009-10. In view of the provisions of Section 99 of the Finance Act, 2013, the pre-deposit of the dues is waived and recovery thereof stayed for hearing the appeal - Stay granted. Impugned order is passed in 2012 i.e. prior to the introduction of Section 99 of the Finance Act, 2012. In view of this, the impugned order is set aside and the matter is remanded to the Commissioner (Appeals) to decide the appeal afresh in view of the provisions of Section 99 of the Finance Act, 2013 after affording an opportunity of personal hearing to the appellant. - Decided in favour of assessee.

Summary

Issues:
1. Application for waiver of pre-deposit of dues based on exemption under Section 99 of the Finance Act, 2013 for services provided by Indian Railways prior to 1.10.2012.
2. Setting aside the impugned order passed before the introduction of Section 99 of the Finance Act, 2012 and remanding the matter to the Commissioner (Appeals) for fresh decision.

Analysis:
1. The judgment addresses the issue of waiver of pre-deposit of dues by considering the exemption provided under Section 99 of the Finance Act, 2013 for taxable services provided by the Indian Railways before 1.10.2012. The applicant contended that the demand from South East Central Railway, Nagpur was based on the provision of taxable service by the Indian Railways. The Tribunal noted the specific provisions of Section 99 of the Finance Act, 2013 which exempted service tax on services provided by the Indian Railways before 1.10.2012. Consequently, the Tribunal waived the pre-deposit of dues for the period 2005-06 to 2009-10 and stayed the recovery for the appeal hearing. The stay petition was allowed, ensuring relief for the appellant.

2. The judgment further deals with the issue of setting aside the impugned order that was issued in 2012, before the enactment of Section 99 of the Finance Act, 2012. The Tribunal decided to annul the previous order and remand the matter to the Commissioner (Appeals) for a fresh decision in light of the provisions of Section 99 of the Finance Act, 2013. This remand was deemed necessary to allow the Commissioner (Appeals) to reconsider the appeal with the updated legal framework and provide the appellant with an opportunity for a personal hearing. By disposing of the appeal and stay petition accordingly, the Tribunal ensured a fair and updated adjudication process for the appellant.

Overall, the judgment showcases a meticulous consideration of the legal provisions under the Finance Act, 2013, and the necessity to align previous decisions with the updated statutory framework. It emphasizes the importance of affording parties a fair opportunity for hearing and ensuring that the legal rights and exemptions available under the law are duly recognized and applied in the adjudicatory process.