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2015 (9) TMI 732 - AT - Service TaxDemand of service tax - Reverse charge mechanism - commission paid to the overseas agents sale of yarn - whether the term textile processing covers yarn - benefit of Notification No.14/2004-ST, dated 10.09.2004 - Held that - the situation is revenue neutral exercise since service tax as demanded would become input service and eligible for cenvat credit - Decision in the case of Texyard International, Sree Angalamman Exports, Atlas Export Enterprises, M/s Kangaroo Impex Versus Commissioner Of Central Excise, Trichy 2015 (8) TMI 794 - CESTAT CHENNAI followed - appellants are eligible for the benefit of exemption Notification No.14/2004-ST, dated 10.09.2004 - Decided in favour of assessee.
Issues:
Demand of service tax under reverse charge mechanism on commission paid to overseas agents for procurement of orders related to textile yarn and textile made-ups. Applicability of Notification No.14/2004-ST for exemption. Analysis: 1. Issue of Service Tax Demand under Reverse Charge: The case involved the demand of service tax under reverse charge mechanism on the commission paid to overseas agents by textile manufacturers for procurement of export orders. The Adjudicating authority and Commissioner (Appeals) upheld the demand and penalties imposed. The appellants claimed the benefit of Notification No.14/2004-ST, dated 10.09.2004, which was denied by the authorities. The Tribunal considered the issue in light of previous decisions and found that the commission paid to overseas agents for export promotion activities falls under Business Auxiliary Service and is covered by the exemption under the notification. 2. Applicability of Notification No.14/2004-ST: The Tribunal analyzed the scope of Notification No.14/2004-ST, which provides exemption for specified services related to Business Auxiliary Service in sectors like agriculture, printing, textile processing, or education. The Tribunal interpreted the term "textile processing" in a broad sense to include activities related to textile manufacturing and export. It held that the commission paid to overseas agents for promoting sales abroad is an auxiliary activity to the processing of textile goods, making the appellants eligible for the exemption under the notification. 3. Export of Textile Yarn and Textile Made-ups: The Tribunal differentiated between the export of textile yarn and textile made-ups in the context of the service tax demand. It noted that the definition of textile processing includes fabrics, fibers, and yarn suitable for weaving into fabric. Following its previous decision, the Tribunal held that the appellants, being textile manufacturers and exporters, are eligible for the benefit of the exemption under Notification No.14/2004-ST for both textile yarn and textile made-ups. 4. Penalty and Limitation Issues: The Tribunal considered the plea of the appellants regarding the absence of deliberate intention to evade payment of service tax. It noted that the demand was also hit by limitation, as the appellants believed in the exemption under the EXIM Policy. Additionally, the Tribunal highlighted the provisions for availing cenvat credit on service tax paid under reverse charge, ensuring that the tax does not add to the cost of export, thus maintaining competitiveness in the overseas market. 5. Decision and Conclusion: Based on the detailed analysis and interpretation of the relevant legal provisions, the Tribunal set aside the demand of service tax under reverse charge against the appellants. It also rejected the Revenue's appeal on penalty imposition, as the demand itself was set aside. The appellants were deemed eligible for the exemption under Notification No.14/2004-ST, and all appeals were allowed in their favor. In conclusion, the judgment provided a comprehensive analysis of the issues related to the demand of service tax under reverse charge mechanism and the applicability of the exemption notification in the context of textile manufacturing and export activities. The decision favored the appellants based on the interpretation of relevant legal provisions and previous tribunal orders on similar issues.
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