2014 (11) TMI 231 - AT - Service Tax

CENVAT Credit - Adjudication on the basis of revised return - Whether the authority shall act on the belated revised return or on the original return - Held that - In any circumstance law has to operate for proper application to determine tax liability on the facts settled. If the facts and circumstances establish that there was proper discharge of tax liability and Cenvat credit was available in accordance with law and also these aspects are evident from the record there shall not be difficulty to pass appropriate adjudication order. By this we do not say that a belated return shall receive consideration. Since there are difficulties expressed in understanding the material facts and figures by both sides due to the situation of belated return, we dispense with requirement of pre-deposit and remand the matter to the learned adjudicating authority to grant fair opportunity to the appellant to support its claim - Decided in favour of assessee.

Summary

Issues:
1. Consideration of belated revised return for adjudication.
2. Proper application of law to determine tax liability.
3. Granting fair opportunity to the appellant.

Issue 1: Consideration of belated revised return for adjudication
The appellant argued that the revised return, filed belatedly, should be considered for adjudication. The Revenue, on the other hand, was of the view that adjudication should not be based on the revised return. The judge emphasized that the focus should be on proper application of the law to determine tax liability based on established facts. While acknowledging that a belated return may not automatically receive consideration, the judge highlighted the importance of ensuring that tax liability and Cenvat credit are properly discharged in accordance with the law.

Issue 2: Proper application of law to determine tax liability
After hearing both sides and examining the record, the judge stressed the significance of ensuring that tax liability is determined correctly based on the facts presented. The judge emphasized that if the facts demonstrate the proper discharge of tax liability and availability of Cenvat credit as per the law, there should be no difficulty in passing an appropriate adjudication order. The judge highlighted the need for clarity in understanding the material facts and figures, especially in cases involving belated returns, to ensure a fair and accurate adjudication process.

Issue 3: Granting fair opportunity to the appellant
Due to difficulties expressed by both parties in understanding the material facts and figures arising from the belated return, the judge decided to dispense with the requirement of pre-deposit. The matter was remanded to the original adjudicating authority to grant a fair opportunity to the appellant to support its claim. Both the stay application and appeal were remanded to the original authority to ensure that the appellant receives a fair chance to present its case effectively.

This comprehensive analysis of the judgment highlights the key issues involved and the judge's emphasis on the proper application of the law, consideration of relevant facts, and granting a fair opportunity to the appellant for a just adjudication process.