2006 (11) TMI 576 - AT - Service Tax

Tribunal overturns duty demand order due to incorrect notice, rules in favor of appellants

RK. Marble Pvt. Ltd. Versus Commissioner of Central Excise, Jaipur-II

RK. Marble Pvt. Ltd. Versus Commissioner of Central Excise, Jaipur-II - [2007] 5 VST 540 (CESTAT) Issues involved: The issues involved in the judgment are the demand of duty, recovery of interest, and penalty u/s section 73 of the Finance Act, 1994.Demand of Duty and Recovery of Interest: The Revenue issued a show cause notice to the appellants for recovery of service tax payable for services received from goods transport operators. The notice alleged contravention of section 68 of the Finance Act, 1994, and demanded payment of service tax, interest, and penalty. The appellants resisted the notice, claiming that the amended provisions of section 73 were not applicable to them. The adjudicating authority confirmed the demand and imposed penalty, which was upheld by the Commissioner (Appeals) except for the penalty. The Tribunal considered the case law and held that the show cause notice issued under section 73 was not maintainable as the appellants were not liable to file returns under section 70, as per section 71A. The Tribunal's decision was based on the interpretation of the amended section 73 and previous case law, including the decision upheld by the Supreme Court.Decision and Conclusion: The Tribunal found that the issue in the current appeal was squarely covered by previous decisions, including the case of L. H. Sugar Factories Ltd., which was upheld by the Supreme Court. Therefore, the impugned order confirming the demand of duty and interest was set aside, and the appeal was allowed. The Tribunal waived the pre-deposit of the duty amount and proceeded with the disposal of the appeal based on the established legal precedents.