2008 (12) TMI 179 - AT - Service Tax

Exemption of 75% in case of GTA service - Exemption under notification no. 32/2007 - No procedure or manner has been prescribed in the notification to see whether the said conditions are being complied with or not, however the board has clarified vide its Circular No. B1/6/2005-TRU, dt. 27-7-2005 (Para 31) that a declaration by the GTA on the body of the consignment note may be suffice in this regard - that the unit had the copies of separate declaration on the letter head of GTAs and the same were produced to the Audit party - Held that - the requirement of declaration in the invoice is only procedural and there is substantial compliance with the requirement of the Notification. Benefit of exemption is available.

Summary

Issues:
1. Interpretation of Notification No. 32/2004-S.T. regarding abatement for Goods Transport Agency (GTA).
2. Requirement of declaration by GTA for availing abatement benefit.
3. Board's circular as clarificatory in nature.
4. Procedural lapses and substantial benefit denial.
5. Compliance with the conditions of Notification No. 32/2004-S.T.
6. Applicability of Board's circular and Supreme Court decision.

Analysis:

1. The main issue in this case pertains to the interpretation of Notification No. 32/2004-S.T., which provides for a 75% abatement for Goods Transport Agencies (GTAs) subject to certain conditions. The Commissioner (Appeals) considered whether the declaration made by GTAs on their letterheads was sufficient to meet the requirements of the notification.

2. The Commissioner (Appeals) noted that the notification did not prescribe a specific procedure for compliance with the conditions, but a Board circular clarified that a declaration by the GTA on the consignment note may be sufficient. It was emphasized that the circular was clarificatory and did not mandate a specific method for providing the declaration. The Commissioner found that the GTAs had produced separate declarations on their letterheads, which were shown to the Audit party, indicating compliance with the Board's clarification.

3. Additionally, the Commissioner highlighted that the exemption was provided through a notification, allowing the Board to set out procedures for availing the benefit. It was noted that the Tribunal had previously held that substantial benefits should not be denied for minor procedural lapses. The Commissioner found no evidence that the GTAs had availed credit on inputs or capital goods, or the benefit of another notification, leading to the conclusion that the denial of the benefit under Notification No. 32/2004-S.T. was incorrect.

4. The Assistant Manager for the respondents reiterated the Commissioner's findings, emphasizing that the order was well-reasoned and aligned with a Supreme Court decision. Referring to the case law, it was stated that Board circulars in favor of appellants must be applied. The Assistant Manager argued that the requirement of declaration in the invoice was procedural, and there was substantial compliance with the notification's requirements, leading to the rejection of the Revenue's appeal.

5. Ultimately, the Tribunal upheld the Commissioner (Appeals)' decision, highlighting the importance of Board circulars and the principle of substantial compliance with procedural requirements. The judgment emphasized the need to consider the essence of compliance rather than minor technicalities, especially when substantial benefits are at stake. The decision serves as a reminder that adherence to the spirit of the law is crucial in interpreting and applying notifications related to tax benefits for entities like GTAs.