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2019 (11) TMI 1208 - HC - Service TaxMaintainability of appeal - monetary amount involved in the appeal - business auxiliary service - HELD THAT - The Central Board of Indirect Taxes and Customs has issued instruction dated 22.8.2019 revising the monetary limits for filing appeals before this Court to Rs.One Crore and these instructions are also applicable on pending appeals. It is further averred that personal penalty involved in this appeal is ₹ 70,47,000/- which is below the said threshhold limit of Rs. One crore. In this view of the matter it is averred in the application that Commissioner of Central Goods and Service Tax,Ludhiana has sent instructions to withdraw the present appeal. Appeal dismissed as withdrawn.
Issues:
1. Appeal challenging CESTAT order on service tax for buying and selling sim cards. 2. Questions of law raised regarding the nature of services provided to M/s BSNL. 3. Application filed regarding revised monetary limits for filing appeals. Analysis: The High Court of PUNJAB & HARYANA heard an appeal filed by the Revenue under Section 35 G of the Central Excise Act,1944 challenging a CESTAT order that ruled buying and selling of sim cards by M/s BSNL did not fall under "Business Auxiliary Service" chargeable to service tax. The appeal raised substantial questions of law, including whether services provided to M/s BSNL were similar to those provided by M/s BSNL to its subscribers, and if the service of promotion and marketing constituted a business auxiliary service distinct from telecommunication services. Additionally, the issue of whether service tax was chargeable on both services independently under relevant provisions was deliberated upon. The court also examined the liability of the respondent to discharge their own service tax liability separately from that of M/s BSNL. A subsequent application, CM 23114-CII/2019, was filed on behalf of the appellant citing revised monetary limits for filing appeals before the Court and the personal penalty involved being below the new threshold. The appellant stated that the Commissioner of Central Goods and Service Tax, Ludhiana, had instructed to withdraw the appeal based on these grounds. The application, supported by an affidavit, led to the Court allowing CM 23114-CII of 2019 and subsequently dismissing STA No.19 of 2015 as withdrawn. This decision was made in light of the revised monetary limits and the instructions from the tax authorities. In conclusion, the Court's judgment addressed the appeal challenging the CESTAT order, raised significant legal questions regarding service tax applicability, and considered the revised monetary limits for filing appeals in the context of the specific case. The decision to allow the application and dismiss the appeal based on the revised threshold for penalties reflected the adherence to the updated legal provisions and administrative instructions.
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