2014 (11) TMI 542 - AT - Service Tax

Non verification of available records - Held that - Though documents were there but no verification was got done by the adjudicating authority. Service tax already stands paid. matter requires to be sent back to adjudicating authority for verification of authenticity of documents and for passing fresh order - Decided in favour of assessee.

Summary

Issues involved: Appeal rejection based on lack of power to remand the matter; Verification of documents and payment of service tax.

Analysis:

1. Issue of Appeal Rejection: The appellant challenged the rejection of their appeal by the Commissioner (Appeals) on the ground that the Commissioner did not have the power to remand the matter. The main contention was that despite the availability of documents, the adjudicating authority did not consider them without verifying their authenticity. The Counsel argued that justice would be served by remanding the case to verify the documents and reach a final decision. It was emphasized that there was no outstanding liability, and no realization was made on the cancelled bills.

2. Verification of Documents and Service Tax Payment: The appellant had already deposited a significant amount of service tax on the gross billing, with a portion shown in the service tax return for a specific period. However, there were discrepancies in the taxable values related to cancelled invoices and amounts not realized until the issuance of the show cause notice. The Counsel highlighted the need for the adjudicating authority to verify the documents and the proof of payment of service tax on the remaining amount. The Counsel's argument was supported by the Departmental Representative, who emphasized the submission of documents for verification.

3. Judgment and Remand: After hearing both sides and examining the facts, the Judge acknowledged the need for verification of the documents by the adjudicating authority. It was concluded that the matter should be remanded to provide a fair opportunity for the appellant to produce relevant documents within a specified timeframe. The Revenue was also given the opportunity to counter the appellant's submissions. The decision to remand the case was made to ensure a thorough verification process and to allow for a fresh order based on the verified information.

In conclusion, the judgment focused on the importance of verifying documents and ensuring the accuracy of the service tax payments. The decision to remand the matter for further verification was aimed at upholding the principles of justice and providing a fair opportunity for both the appellant and the Revenue to present their case based on verified information.