2009 (5) TMI 821 - AT - Service Tax

Appellate Tribunal rules in favor of appellant in service classification case, waives penalties, and sets early appeal hearing.

UNITED TELECOM LIMITED Versus COMMR. OF CCE & ST., HYDERABAD-II

The Appellate Tribunal CESTAT Bangalore ruled in favor of the appellant in a case concerning the classification of services under Business Auxiliary ... - Issues: Applicability of 'Business Auxiliary Services' (BAS) for a contract involving software and hardware support, invocation of extended period under Section 73(2) of the Finance Act, imposition of penalties, waiver of pre-deposit pending appeal decision.Analysis:1. Applicability of Business Auxiliary Services (BAS): The appellant was engaged in a 'Built, Own, Operate and Transfer' (BOOT) contract with a government entity to operate service counters. Initially, the revenue department alleged the provision of 'Online Information and Database Service,' which was later dropped. Subsequently, the revenue claimed that the activity amounted to providing 'Business Auxiliary Services'. The advocate contended that the services did not fall under BAS, highlighting the previous dropped proceedings. The Tribunal, after careful consideration, agreed with the advocate, finding it challenging to classify the services as BAS. The Tribunal noted the absence of justification for invoking the extended period, ultimately leading to a decision in favor of the appellant.2. Invocation of Extended Period under Section 73(2): The revenue department had invoked the extended period under Section 73(2) of the Finance Act to demand payment for the alleged provision of Business Auxiliary Services. However, the Tribunal found no valid grounds for the invocation of the extended period. The Tribunal emphasized that there was no justification for such an extension, further supporting the decision to waive the pre-deposit of the dues until the appeal's final decision.3. Imposition of Penalties: The impugned order demanded various sums, including penalties under different sections of the Finance Act. The Tribunal, while considering the arguments presented by the appellant's advocate, found no merit in the penalties imposed. The Tribunal's decision to waive the pre-deposit of the entire demanded amount also extended to the penalties, ensuring no coercive measures by the revenue department, even after the stay order's expiration.4. Waiver of Pre-Deposit Pending Appeal Decision: The Tribunal, after analyzing the facts and arguments presented, ordered the waiver of pre-deposit for the entire amount demanded in the impugned order until the appeal's final decision. This decision aimed to prevent any coercive actions by the revenue department, even after the stay order's 180-day expiration. Additionally, the Tribunal accepted the appellant's request for an early hearing due to the recurring nature of the issue, scheduling the appeal for a final hearing on a specified date.In conclusion, the judgment by the Appellate Tribunal CESTAT Bangalore focused on the classification of services under Business Auxiliary Services, the invocation of the extended period under the Finance Act, the imposition of penalties, and the decision to waive pre-deposit pending the appeal's final decision. The Tribunal's detailed analysis and decision favored the appellant, emphasizing the lack of justification for the revenue department's claims and penalties, ultimately leading to a favorable outcome for the appellant.