2024 (11) TMI 1225 - AT - Service Tax

Invoking the extended period of limitation alleging suppression and the period of dispute is 2015-16 - HELD THAT - Original Authority after considering all the documents provided by the appellant has come to the conclusion that there is no service involved and it pertains to sale of goods. Further, find that the learned Commissioner (Appeals) in the impugned order has observed that the appellant has failed to provide various documents, which is factually incorrect. Consultant appearing for the appellant has also brought to my notice that the appellant has explained the discrepancy regarding the invoice dated 18.04.2015 but the learned Commissioner has wrongly interpreted the said invoice in order to confirm the demand. Thus, find this Tribunal in the case of M/s Girdhari Lal Construction Private Limited 2024 (9) TMI 241 - CESTAT CHANDIGARH has considered the issue of invoking the extended period of limitation and has held that when the show cause notice is issued on the basis of third party data, in that case, extended period of limitation cannot be invoked. Appellant s appeal succeeds on limitation without going into the merits of the case.

Issues:
Appeal against order allowing Department's appeal and setting aside Original Authority's decision on service tax liability for sale of goods, invocation of extended period of limitation, failure to provide documents, interpretation of invoice, reliance on case law for limitation.

Analysis:
The appeal was against the Commissioner (Appeals) order allowing the Department's appeal and setting aside the Original Authority's decision on service tax liability. The appellant, engaged in providing taxable services, was alleged to have not filed service tax returns for the financial year 2015-16. The Original Authority set aside the demand, holding that the appellant's income from the sale of goods was not covered under the definition of service and hence not liable for service tax. The Department appealed, arguing that the extended period of limitation was rightly invoked due to the appellant's failure to provide requested data. The appellant contended that the entire claim was time-barred and that the Department failed to establish suppression of facts. The appellant also argued that the Commissioner (Appeals) wrongly observed the appellant's failure to submit various documents. The Tribunal noted that the show cause notice was issued based on third party data and held that the extended period of limitation could not be invoked without evidence of suppression. Citing a relevant case law, the Tribunal concluded that the entire demand was time-barred, allowing the appeal solely on the limitation issue.

The appellant's representative argued that the impugned order was unsustainable as it did not consider the facts and law properly. The total revenue reported pertained to the sale of goods, not subject to service tax. The appellant provided various documents to the Original Authority, raising the issue of limitation. The Original Authority's decision favored the appellant based on the documents submitted. The Department's representative contended that the extended period of limitation was justified due to the appellant's failure to provide requested data. The Tribunal found that the Original Authority concluded no service was involved, and the Commissioner (Appeals) incorrectly stated the appellant's failure to provide documents. The appellant clarified discrepancies in an invoice misinterpreted by the Commissioner. Relying on a relevant case law, the Tribunal held that the entire demand was time-barred and allowed the appeal solely on the limitation issue.

The Tribunal considered submissions from both parties and reviewed the material on record. It noted the issuance of the show cause notice invoking the extended period of limitation for alleged suppression during the 2015-16 period. The Original Authority concluded no service was involved, and the Commissioner (Appeals) erroneously claimed the appellant failed to provide necessary documents. The appellant's representative highlighted discrepancies in the interpretation of an invoice. Citing a relevant case law, the Tribunal found the demand time-barred due to lack of evidence of suppression and allowed the appeal solely on the limitation issue.

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