2014 (11) TMI 123 - AT - Service Tax

Remission of tax - GTA service - Reverse charge mechanism - Held that - vide Board Circular dated 21-8-2008 it is clarified, in partial modification of instructions set out in an earlier Board Circular dated 27-7-2005, that the benefit of abatement under Notification No. 32/2004-S.T. may also be extended in past cases, if tax payers produce a general declaration from the GTA that the benefits under Notification No. 12/2003-S.T. were not availed. Such general declarations were furnished by the assessee. order of the Commissioner, dated 15-1-2009 cannot be sustained and is quashed - Decided in favour of assessee.

Summary

Issues:
1. Appeal against revisional/appellate order passed by Commissioner, Customs & Central Excise and Service Tax, Allahabad.
2. Short remittance of service tax under Notification No. 32/2004-S.T.
3. Reversal of adjudication order dated 14-5-2007 by Assistant Commissioner, Central Excise Division, Faizabad.
4. Applicability of abatement under Notification No. 32/2004-S.T.
5. Production of general declaration from Goods Transport Agencies (GTAs) regarding non-availment of benefits under Notification No. 12/2003-S.T.

Analysis:
1. The appellant filed an appeal against the revisional/appellate order by the Commissioner, Customs & Central Excise and Service Tax, Allahabad, dated 15-1-2009, which reversed the adjudication order passed by the Assistant Commissioner, Central Excise Division, Faizabad on 14-5-2007. The proceedings were initiated due to the short remittance of service tax amounting to &8377; 1,24,603 under Notification No. 32/2004-S.T. The appellant had availed benefits under the said notification without complying with the condition of not availing credit on input or capital goods used in the provision of Goods Transport Agency (GTA) services.

2. The appellant remitted service tax under the reverse charge mechanism as the recipient of GTA services. Declarations from concerned GTAs were submitted, certifying that no credit on input or capital goods used in the provision of GTA services was availed. Based on these declarations, the primary authority dropped the proceedings. However, the appellate authority reversed this decision, leading to the appeal.

3. The Tribunal noted a Board Circular dated 21-8-2008, which clarified that the benefit of abatement under Notification No. 32/2004-S.T. could be extended in past cases if taxpayers produced a general declaration from the GTAs stating that benefits under Notification No. 12/2003-S.T. were not availed. The appellant had indeed provided such general declarations from the GTAs. Consequently, the Tribunal held that the order of the Commissioner dated 15-1-2009 could not be sustained and was quashed, with no order as to costs.

This detailed analysis covers the issues raised in the legal judgment comprehensively, outlining the background, arguments, and the final decision rendered by the Tribunal.