2025 (1) TMI 313 - HC - Service Tax

Invocation of extended period of limitation for recovery of service tax under proviso to Section 73(1) of Chapter V of the Finance Act, 1994 - entitlement to exemption under N/N. 25/2012-ST dated 20.06.2012 on the services provided to various Government Department - HELD THAT - This Court has already answered the issue partly against the contractors in the writ petition that were filed before this Court. However, liberty has been granted to the assessee to participate in the proceedings, if they had not filed any reply. Since the notice was issued during the Covid 19 pandemic and the personal hearing also held during the Covid-19 pandemic, Court is inclined to set aside the impugned order and remits the case back to the first respondent to pass a fresh order on merits. Needless to state, the petitioner shall be heard before final orders are passed. The first respondent shall pass a final orders on merits and in accordance with law preferably within a period of 6 months from the date of receipt of a coy of this order. Conclusion - The extended period of time limit for recovery of Service tax under proviso to Section 73(1) of the Finance Act 1994 read with Section 174 of the CGST Act, 2017 is invokable. Petition allowed.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment are:

(i) Whether the extended period of limitation for recovery of service tax under the proviso to Section 73(1) of the Finance Act, 1994, is applicable.

(ii) Whether the petitioner is liable to pay the service tax amounting to Rs. 48,12,299/- for the period from 01.04.2015 to 30.06.2017 under the proviso to Section 73(1) of the Finance Act, 1994.

(iii) Whether interest should be recovered under Section 75 of the Finance Act, 1994.

(iv) Whether penalties should be imposed under Section 77(1)(a) and 77(2) of the Finance Act, 1994, for failure to take registration and file ST-3 returns.

(v) Whether penalties should be imposed under Section 78(1) of the Finance Act, 1994, for alleged deliberate suppression of facts with intent to evade payment of service tax.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (i): Applicability of the Extended Period of Limitation

- Relevant Legal Framework and Precedents: The extended period of limitation is addressed under the proviso to Section 73(1) of the Finance Act, 1994, which allows for recovery of service tax not paid due to reasons such as suppression of facts.

- Court's Interpretation and Reasoning: The court considered whether the conditions for invoking the extended period were met, particularly focusing on whether there was deliberate suppression of facts by the petitioner.

- Key Evidence and Findings: The petitioner failed to attend the personal hearings and did not provide sufficient evidence to counter the allegations of suppression.

- Application of Law to Facts: The court found that the extended period of limitation was justifiably invoked due to the petitioner's non-compliance and lack of participation in the proceedings.

- Treatment of Competing Arguments: The court noted the petitioner's claim for exemption under Notification No.25/2012-ST but did not find it sufficient to negate the invocation of the extended period.

- Conclusions: The court upheld the applicability of the extended period of limitation.

Issue (ii): Liability for Service Tax Payment

- Relevant Legal Framework and Precedents: Section 73(1) of the Finance Act, 1994, governs the recovery of unpaid service tax.

- Court's Interpretation and Reasoning: The court examined whether the petitioner was liable for the unpaid service tax for the specified period.

- Key Evidence and Findings: The petitioner did not provide adequate evidence to dispute the tax liability.

- Application of Law to Facts: The court confirmed the demand for service tax based on the evidence presented in the impugned order.

- Treatment of Competing Arguments: The petitioner's arguments regarding exemptions were considered but found insufficient to negate the tax liability.

- Conclusions: The court confirmed the petitioner's liability for the service tax amount.

Issue (iii): Recovery of Interest

- Relevant Legal Framework and Precedents: Section 75 of the Finance Act, 1994, provides for the recovery of interest on unpaid service tax.

- Court's Interpretation and Reasoning: The court considered the statutory obligation to pay interest on the delayed payment of service tax.

- Key Evidence and Findings: The impugned order included a demand for interest, which the petitioner did not adequately contest.

- Application of Law to Facts: The court upheld the demand for interest as per the statutory provisions.

- Treatment of Competing Arguments: The petitioner's failure to contest the interest demand effectively led to the court's decision to uphold it.

- Conclusions: The court confirmed the recovery of interest on the unpaid service tax.

Issue (iv): Imposition of Penalties for Non-Registration and Non-Filing

- Relevant Legal Framework and Precedents: Penalties under Sections 77(1)(a) and 77(2) of the Finance Act, 1994, are applicable for non-registration and non-filing of returns.

- Court's Interpretation and Reasoning: The court assessed the petitioner's failure to register and file returns during the relevant period.

- Key Evidence and Findings: The petitioner did not contest the failure to register and file returns.

- Application of Law to Facts: The court imposed penalties based on the statutory requirements and the petitioner's non-compliance.

- Treatment of Competing Arguments: The lack of contestation by the petitioner led to the imposition of penalties.

- Conclusions: The court imposed penalties for non-registration and non-filing of returns.

Issue (v): Imposition of Penalties for Suppression of Facts

- Relevant Legal Framework and Precedents: Section 78(1) of the Finance Act, 1994, addresses penalties for deliberate suppression of facts.

- Court's Interpretation and Reasoning: The court evaluated whether the petitioner deliberately suppressed facts to evade tax.

- Key Evidence and Findings: The petitioner's non-participation in hearings and lack of evidence to counter the suppression allegations were significant.

- Application of Law to Facts: The court imposed penalties based on the finding of deliberate suppression.

- Treatment of Competing Arguments: The petitioner's claims of exemption were insufficient to counter the suppression allegations.

- Conclusions: The court imposed penalties for deliberate suppression of facts.

3. SIGNIFICANT HOLDINGS

- Verbatim Quotes of Crucial Legal Reasoning: "I hold that the extended period of time limit for recovery of Service tax under proviso to Section 73(1) of the Finance Act 1994 read with Section 174 of the CGST Act, 2017 is invokable in this case."

- Core Principles Established: The judgment reinforces the applicability of extended limitation periods and penalties for non-compliance and deliberate suppression under the Finance Act, 1994.

- Final Determinations on Each Issue: The court confirmed the applicability of the extended period, liability for service tax and interest, and imposed penalties for non-registration, non-filing, and suppression of facts. The case was remitted for fresh adjudication due to procedural considerations during the Covid-19 pandemic.