2015 (8) TMI 591 - AT - Service Tax

Tax Appeal Decision: Burden Rebutted, Refund Upheld, Evidence Key

Commissioner of Central Excise, Nashik Versus Raymond Ltd.

The Member upheld the first appellate authority's decision, ruling that the respondent successfully rebutted the presumption of passing on the tax burden. ... Denial of refund claim - Unjust enrichment - respondent discharged the service tax liability under protest - Held that:- If the revenue authorities were not inclined to accept the chartered accountant content certificate, they should have adduced some evidence that the incidence of duty has been passed on nor any further clarification was sought from respondent or their CA. Feeble attempt is made in the grounds of appeal to state that it is not clear as what records were checked by the chartered accountant. In my view, a chartered accountant is an expert and as can be seen from the certificate, he has verified the records and then came to a conclusion that incidence of tax is not passed on. - On the issue of unjust enrichment, of the service tax paid on goods transport operator services for the period in question, this bench in the case of Pauls Engineering Industries Pvt. Ltd., (2008 (2) TMI 82 - CESTAT MUMBAI) has allowed the refund in view of retrospective amendment - There is no infirmity in the impugned order - Decided against Revenue. Issues Involved:Refund of service tax liability based on unjust enrichment.Detailed Analysis:1. Issue of Refund: The case involves a dispute over the refund of service tax amounting to Rs. 24,86,657 to the respondent assessee. The Revenue appealed against the Order-in-Appeal, arguing that the respondent did not discharge the service tax liability correctly due to a retrospective amendment. The Tribunal had previously ruled in favor of the respondent, stating they were not liable to pay the service tax and directed a refund after considering the issue of unjust enrichment.2. Contentions of the Departmental Representative: The Departmental representative argued that the first appellate authority did not consider the retrospective amendment requiring the respondent to discharge the service tax liability. He contended that by booking the amount as an expenditure in the profit and loss account, the respondent included it in the pricing of final products, passing on the tax incidence. The representative raised concerns about the chartered accountant's certificate and the lack of clarity on the examination of relevant documents.3. Defence by the Respondent's Advocate: The advocate representing the respondent defended the first appellate authority's decision, emphasizing that the chartered accountant's certificate clearly stated that the tax burden was not passed on to any third party. He highlighted the absence of evidence showing the burden was shifted to customers and pointed out that the payment was made after divesting the steel division. The advocate cited legal precedents to support the argument that the burden of unjust enrichment had been successfully rebutted.4. Judicial Analysis: The Member (Judicial) analyzed the factual findings and the chartered accountant's certificate in detail. Referring to previous cases, the Member emphasized the importance of the certificate in determining whether the tax burden had been passed on. The Member concluded that the Revenue authorities failed to challenge the certificate effectively or provide evidence to contradict it. Therefore, the Member upheld the first appellate authority's decision, ruling that the respondent had successfully rebutted the presumption of passing on the tax burden.5. Final Decision: Considering the arguments presented and the legal precedents cited, the Member upheld the impugned order, rejecting the Revenue's appeal. The Member found no infirmity in the decision regarding the refund of the service tax amount and concluded that the appeal was to be rejected based on the peculiar facts and circumstances of the case.In conclusion, the judgment delves into the intricacies of unjust enrichment in the context of service tax liability refund, emphasizing the importance of evidence, such as the chartered accountant's certificate, in determining whether the tax burden was passed on. The detailed analysis and legal precedents cited provide a comprehensive understanding of the issues involved in the case.