2018 (9) TMI 1599 - HC - Service Tax

Substantial question of law - Held that - The questions as proposed do not give rise to any substantial questions of law as issue raised stand concluded by the decision of this Court in CST Vs. Kumar Beheray Rathi 2018 (2) TMI 1056 - BOMBAY HIGH COURT - appeal dismissed.

Summary

Issues:
Appeal challenging order of Customs, Excise and Service Tax Appellate Tribunal under Finance Act, 1944 and Central Excise Act, 1944.
Questions of law regarding provision of services, penalty imposition, and reliance on precedent.

Analysis:
1. The appeal challenges the Tribunal's order concerning the provision of Management, Maintenance, or Repair Service by collecting non-returnable deposits from flat buyers. The main issue is whether this practice constitutes a taxable service. The Tribunal's decision was based on a precedent, Kumar Beheray Rathi, which the High Court upheld in a related case. The High Court found no substantial legal questions as the issue was settled by its previous ruling.

2. The second question raised pertains to setting aside penalties despite the admission of liability and payment of service tax on Goods and Transport Agency Service. The Tribunal's decision to waive the penalty was based on the negligible amount involved. The High Court dismissed this question as it did not raise any substantial legal issues.

3. The final issue questions the Tribunal's reliance on its decision in Kumar Beheray Rathi, which allegedly misconstrued a circular. The appellant argued that a different interpretation of the circular was provided by the High Court of Kerala in the case of Kothamangalam Municipality. However, the High Court found no distinction in facts or law to warrant a different decision and dismissed the appeal accordingly.

4. The High Court noted that the Tribunal's decision to allow the respondent's appeal was in line with the precedent set by Kumar Beheray Rathi. The appellant failed to demonstrate any significant legal issues that would warrant a different outcome. As a result, the High Court upheld the Tribunal's decision and dismissed the appeal without costs.