2017 (5) TMI 1457 - AT - Service Tax

Jurisdiction of Commissioner of Service Tax Bangalore for the purpose of payment of service tax - Held that - the service tax has to be paid separately in the various jurisdictions where branch offices are there even though the Income Tax return is filed consolidated for the entire operations of the appellant s company - the SCN dt. 03/04/2003 and the impugned order passed thereon are not justified inasmuch as the Commissioner of Service Tax Bangalore has the jurisdiction only to demand service tax if not paid or short-paid within his jurisdiction. Since it is evident that the total demand of service tax to the tune of 34 lakhs also covers the service rendered within the jurisdiction of the four branch offices outside Bangalore for which separate registrations have been taken and service tax paid separately it will be necessary to exclude such demand pertaining to outside jurisdictions. Commissioner of Service Tax Bangalore has no jurisdiction to make any demand of service tax in respect of consideration received for jurisdictions outside Bangalore. Consequently demands raised pertaining to outside jurisdictions are set aside and will need to be excluded - the demand has to be restricted to the normal period of limitation - appeal allowed by way of remand.

Issues Involved:
1. Centralized registration for service tax.
2. Jurisdiction for issuing show-cause notice.
3. Allegation of suppression of taxable value.
4. Validity of the second show-cause notice.
5. Double taxation and periodical service tax payments.
6. Extended period of limitation under Section 73.

Issue-wise Detailed Analysis:

1. Centralized Registration for Service Tax:
The appellant, engaged in advertising services, has multiple branches across India and has not opted for centralized registration. Instead, they have separate registrations under respective jurisdictional Service Tax authorities. The dispute primarily concerns the Bangalore branch.

2. Jurisdiction for Issuing Show-Cause Notice:
The appellant argued that the Commissioner of Service Tax, Bangalore, lacked jurisdiction to issue a show-cause notice demanding service tax for services rendered outside Bangalore. The show-cause notice dated 03/04/2003 demanded payment for services across all five jurisdictions, which the appellant contended should be handled separately by respective jurisdictions.

3. Allegation of Suppression of Taxable Value:
A second show-cause notice alleged suppression of the value of taxable services amounting to ?34,78,209/-. The appellant contended that the consideration of ?6.95 crores reflected in their Income Tax returns pertained to all branches, and service tax for each branch had been paid separately. The Tribunal noted that the Commissioner failed to account for payments already made and did not provide evidence of suppression specific to the Bangalore jurisdiction.

4. Validity of the Second Show-Cause Notice:
The Tribunal referenced the Apex Court decision in Nizam Sugars Factory, emphasizing that the same facts could not be used to allege suppression again, as they were already known to the authorities during the first show-cause notice. The Tribunal found the second notice invalid for invoking the extended period of limitation without new evidence of suppression.

5. Double Taxation and Periodical Service Tax Payments:
The appellant had already paid service tax and filed periodical returns for Bangalore. The Tribunal found that the impugned order failed to deduct these payments, resulting in double taxation. The differential service tax of ?5.43 lakhs paid for the period October 1998 to March 2001 was not considered in the order.

6. Extended Period of Limitation under Section 73:
The Tribunal concluded that the Department could not invoke the extended period of limitation under Section 73 for the second show-cause notice, as it lacked new evidence of suppression. The Tribunal directed that any demand must be restricted to the normal period of limitation.

Conclusion:
The Tribunal summarized its conclusions as follows:
- The Department cannot demand tax for the longer period via the show-cause notice dated 03/04/2003.
- The Commissioner of Service Tax, Bangalore, lacks jurisdiction for demands outside Bangalore.
- The appellant’s regular service tax payments and the previously paid differential tax were not accounted for.
- The matter is remanded to the original adjudicating authority for a de novo decision, considering the Tribunal’s points and allowing the appellant to submit further evidence.
- The appeal is allowed by way of remand, with directions for compliance within two months.

Order Pronounced in Court:
The order was pronounced in court on the specified date.

← Previous Next →