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2018 (12) TMI 1185 - AT - Service TaxNon-payment of service tax - period 2012-13 and 2013-14 - Rule 6 of STR - Held that - The matter requires de novo adjudication by the adjudicating authority. The adjudicating authority shall pass a de novo Order after considering the pleas of the appellant keeping in mind the requirements of law and also after affording sufficient opportunities to the assessee - appeal allowed by way of remand.
Issues: Dispute over service tax liability for the years 2012-13 and 2013-14.
Analysis: 1. The appellant disputed the service tax liability imposed by the adjudicating authority, upheld by the Commissioner, relating to the years 2012-13 and 2013-14. 2. The appellant was accused of not paying service tax after crossing the exemption limit of ?50,00,000 in July 2013, leading to a demand of ?4,06,181 as of June 2014. 3. The appellant argued that they paid service tax on a receipt basis and highlighted discrepancies in the determination of the service tax liability by the Revenue. 4. The adjudicating authority determined the service tax liability at ?4,06,181, demanding ?2,89,198 along with interest and penalties, which was contested by the appellant. 5. The assessing Officer calculated the demand based on Rule 6 of the Service Tax Rules, which requires payment on an accrual basis once the taxable turnover exceeds ?50,00,000. 6. The Tribunal observed that the adjudicating authority failed to provide a proper working on how the service tax liability was determined and did not address the issue of CENVAT Credit amount in the demand. 7. The Tribunal directed a de novo adjudication by the adjudicating authority, considering the appellant's pleas and ensuring compliance with the law, allowing all contentions to be revisited. This judgment highlights the importance of accurate determination of service tax liability, adherence to the provisions of the Service Tax Rules, and the need for a thorough reconsideration of the case by the adjudicating authority to address the discrepancies and provide a fair resolution.
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