2015 (12) TMI 680 - AT - Service Tax

Appellant Liable for Service Tax on BSNL Recharge Vouchers: Penalties Set Aside

M/s Prakash R. Jaiswal Versus Commissioner of Central Excise And Vice-Versa

The Tribunal held the appellant-assessee liable to pay service tax on marketing and distributing BSNL recharge vouchers, following a Kerala High Court ... Demand of service tax - marketing and distribution of recharge vouchers of BSNL - Held that:- show-cause notice dated 16.10.2008 was issued by invoking extended period for demand of service tax from 01.07.2003 to 31.03.2008. In our considered view, invocation of extended period in this case seems to be incorrect as the issue was being agitated before the judicial forum. Accordingly, we hold that the show-cause notice which invokes the extended period for demand of service tax from the appellant-assessee needs to be set aside and we do so. However, for the demand within the period of limitation from the date of issuance of show-cause notice we hold that the appellant-assessee is liable to pay the service tax liability along with interest. To that extent we reject the appeal filed by the appellant-assessee. - However, penalty imposed is set aside - Decided partly in favour of assessee. Issues:1. Service tax liability on marketing and distribution of BSNL recharge vouchers.2. Imposition of penalties on service tax liability for services rendered.3. Period involved in the case for various services.4. Settlement of service tax liability based on judicial decisions.5. Invocation of extended period for demand of service tax.6. Bonafide belief of appellant-assessee regarding service tax liability.7. Penalties imposed on appellant-assessee.8. Applicability of Section 80 of the Finance Act, 1994.Analysis:1. Service Tax Liability on BSNL Recharge Vouchers:The issue revolved around the service tax liability on the activities of the appellant-assessee in marketing and distributing BSNL recharge vouchers. The Tribunal noted conflicting views on this matter but relied on a Kerala High Court decision upheld by the Apex Court, settling the issue in favor of the revenue. The appellant-assessee was held liable to pay the service tax along with interest for this service.2. Imposition of Penalties on Service Tax Liability:The appellant-assessee contested the imposition of penalties on the service tax liability for the services rendered. The Tribunal considered the appellant's bonafide belief due to conflicting judicial decisions and set aside the penalties, invoking Section 80 of the Finance Act, 1994.3. Period Involved in the Case for Various Services:The Tribunal reviewed the period involved for different services, confirming the service tax liability for certain services where no appeal was filed by the appellant-assessee. The liability for these services was upheld along with interest payment.4. Settlement of Service Tax Liability Based on Judicial Decisions:The Tribunal referenced previous judicial decisions to determine the service tax liability, especially in cases where conflicting views existed. The Tribunal followed settled legal positions to decide on the liabilities of the appellant-assessee.5. Invocation of Extended Period for Demand of Service Tax:The Tribunal examined the invocation of the extended period for demand of service tax and found it incorrect in certain instances where the issue was already being litigated. The show-cause notice invoking the extended period was set aside, except for demands within the statutory limitation period.6. Bonafide Belief of Appellant-Assessee Regarding Service Tax Liability:The appellant-assessee's bonafide belief regarding service tax liabilities for various services was considered by the Tribunal. In cases where doubts existed or where the issue was being debated in judicial forums, the penalties were set aside based on the appellant's justifiable reasons.7. Penalties Imposed on Appellant-Assessee:The Tribunal, considering the circumstances and the bonafide belief of the appellant-assessee, set aside the penalties imposed by the adjudicating authority under various sections, citing justifiable reasons and invoking Section 80 of the Finance Act, 1994.8. Applicability of Section 80 of the Finance Act, 1994:In specific instances where the appellant-assessee demonstrated justifiable reasons for their actions and beliefs regarding service tax liabilities, the Tribunal invoked Section 80 of the Finance Act, 1994, to set aside the penalties imposed by the adjudicating authority.In conclusion, the appeals were disposed of based on the detailed analysis of each issue, considering legal precedents, bonafide beliefs, and the specific circumstances of the case.