Petitioner engaged in drilling bore wells for agriculturists ...

Service Tax Exemption Rejected; Court Dismisses Petition, Citing Available Appeal Route Under Finance Act.

July 22, 2024

Case Laws     Service Tax     HC

Petitioner engaged in drilling bore wells for agriculturists claimed exemption under negative list entry of Finance Act, 1994. Court held that to invoke extended period of limitation under proviso to Section 73(1), mandatory requirements contemplated in Act were stated in show cause notice regarding petitioner's liability to pay service tax and penalties. Petitioner was given opportunity to reply and personal hearing. Once show cause notice invoking extended period is issued and inquiry conducted, grounds urged must be challenged through appeal under Act, not by challenging revenue's jurisdiction to issue notice. Availability of alternative efficacious remedy of appeal u/s 85 precludes entertaining writ petition under Article 226. No cogent reasons shown for revenue not providing sufficient cause to invoke extended period. Petition dismissed.

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