2006 (8) TMI 639 - AT - Service Tax

Appeal granted for waiver of Service Tax & penalty, pending appeal disposal, due to lack of evidence consideration.

The appellants, registered as CHA and C & F Agent, sought a waiver of pre-deposit of Service Tax and penalty amounting to Rs. 4,25,16,048/- and Rs. 5 ... - Issues:1. Waiver of pre-deposit of Service Tax amount and penalty.2. Allegation of suppression of information by the appellants.3. Violation of principles of natural justice.4. Need for remand and de novo consideration.Analysis:1. The appellant sought a waiver of pre-deposit of Service Tax and penalty amounting to Rs. 4,25,16,048/- and Rs. 5 crores respectively. The appellants, registered as CHA and C & F Agent, had paid Service Tax on commissions received. Despite providing detailed business activity information scrutinized by the Department, a show cause notice was issued alleging collection of taxable elements not disclosed, leading to a demand. The appellants submitted evidence and replies asserting non-taxability of these elements, time bar defense, and absence of suppression of facts, which was rejected.2. The appellants' counsel argued a breach of natural justice as the evidence they presented was allegedly ignored in the order. The Commissioner did not request additional evidence but criticized the lack of supporting documents from customers. This requirement was not in the show cause notice, and all relevant documents were submitted to demonstrate the non-taxable nature of the elements. The appellants proposed a remand to present a comprehensive defense to the Commissioner.3. The JDR supported the Commissioner's decision, alleging suppression of taxable information by the appellants. When questioned about the lack of findings on the appellants' submissions and evidence, the JDR expressed willingness to provide detailed comments on each point raised by the appellants.4. A prima facie review revealed the Commissioner's failure to establish how suppression occurred when the appellants were compliant with the Service Tax Act and had disclosed all details. The appellants had proactively provided records not previously requested, indicating a potential violation of natural justice. Considering the favorable decisions in similar cases, the appellants were granted a full waiver of pre-deposit and a stay on recovery pending appeal disposal. The matter was scheduled for expedited hearing due to significant revenue implications.