2017 (10) TMI 901 - AT - Service Tax

Classification of various services - demand has been made in respect of 26 work orders and the same have been sought to be classified under various services - Held that - the Commissioner has himself observed that many of the claims made by the appellant are genuine though not supported by documentary evidence. In these circumstances, it was duty of the Commissioner to call for the document specifically and pass a speaking order - matter remanded to the original adjudicating authority for fresh adjudication after examining of the defences of the appellant - appeal allowed by way of remand.

Summary

Issues:
Appeal against confirmation of demand of service tax and imposition of penalty.

Analysis:
The appellant, a construction company, filed an appeal against the demand of service tax and penalty imposed on them for various services provided. The demand pertained to 26 work orders covering services like commercial and industrial construction, site formation, maintenance, renting of immovable property, and transport of goods by road. The appellant argued that they had provided detailed replies and defenses for each work order, but the Commissioner summarily rejected their defenses without proper examination. The appellant raised defenses related to past services, construction types, and exemptions under specific notifications.

The Commissioner rejected the appellant's defenses without delving into the details or supporting evidence. The Commissioner noted that some of the appellant's claims appeared genuine but lacked documentary evidence. The Commissioner failed to call for specific documents or provide a detailed reasoning for the rejection of defenses. Due to this lack of proper examination, the appellate tribunal found it necessary to remand the matter back to the original adjudicating authority for a fresh adjudication after a thorough examination of the appellant's defenses.

In conclusion, the appeal was allowed by way of remand, emphasizing the need for a detailed examination of the appellant's defenses and supporting documentation by the adjudicating authority to ensure a fair decision.