2017 (11) TMI 405 - AT - Service Tax

Scope of SCN - Taxability - amount received from their clients under the category of V-SAT Charges - whether taxable under the head lease circuit service or otherwise? - Held that - the Original Authority proceeded to levy the tax on the said income under Stock Broker Service - such proceedings are beyond the scope of the show cause notice as no reference regarding Service Tax liability of the appellant in respect of V-SAT charges was sought to be levied under Stock Broker Service - proceedings fails - appeal allowed - decided in favor of appellant.

Summary

Issues:
Service Tax liability on V-SAT Charges under different categories

Analysis:
The appeal in question was against the order of the Commissioner (Appeals) relating to Service Tax liability on the amount received from clients under the category of "V-SAT Charges." The show cause notice alleged the appellants' liability under the category of "lease circuit service" in accordance with specific sections of the Finance Act, 1994. The Original Authority ruled that the appellants could not be taxed under the mentioned sections as they were not a "Telegraph Authority." However, the Original Authority confirmed the Service Tax liability under "Stock Broker Service," a decision upheld by the Commissioner (Appeals).

During the appeal hearing, the appellant's counsel argued that the proceedings exceeded the scope of the show cause notice. The notice focused on taxing the appellant under "lease circuit service," but the Original Authority imposed the tax under "Stock Broker Service" without any reference to this category in the notice. The Tribunal noted this discrepancy and found it to be a legal infirmity. As a result, the Tribunal set aside the impugned order and allowed the appeal, emphasizing that the proceedings failed due to the deviation from the show cause notice's scope.

This judgment highlights the importance of adherence to the scope of show cause notices in tax liability cases. The Tribunal's decision to set aside the order due to the deviation from the notice's specified category underscores the significance of procedural fairness and legal precision in tax assessments. The ruling serves as a reminder for tax authorities to ensure that tax demands align with the content and scope of the show cause notices issued to taxpayers, preventing arbitrary or unjust tax impositions.