2006 (8) TMI 680 - AT - Service Tax

Tribunal grants full waiver & stay, remands for scrutiny, emphasizes natural justice principles

The Tribunal granted full waiver of pre-deposit and stayed recovery until the appeal's disposal, finding a violation of natural justice in the order due ... - Issues: Pre-deposit of duty amount and penalty, applicability of Service Tax on 'Clearing and Forwarding Services,' violation of principles of natural justice in the order.Analysis:1. Pre-deposit of duty amount and penalty: The appellants were required to pre-deposit a significant sum of money as duty amount and penalty. They had been paying tax under the category of 'Clearing and Forwarding Services' since December 2002. However, demands were raised for a larger period from 1997 based on a show cause notice dated 2-8-2005, alleging non-inclusion of certain elements under the said category. The appellant contested this, claiming that all details had been provided to challenge the levy on those elements and the plea of time-bar. The Tribunal acknowledged the evidence presented by the appellants, including invoices and a Chartered Accountant's Certificate, and found a violation of principles of natural justice. Consequently, the Tribunal decided to grant full waiver of pre-deposit and stay the recovery until the appeal's disposal.2. Applicability of Service Tax on 'Clearing and Forwarding Services': The issue of whether the appellants were correctly covered under the Service Tax in the category of 'Clearing and Forwarding Services' was central to the case. The Commissioner had previously stated that the appellant's plea was unsupported by documents, but upon review of the evidence, the Tribunal found that the appellants had indeed provided substantial evidence, including invoices and a Chartered Accountant's Certificate. The Tribunal concluded that the Commissioner's observation was incorrect and that there was a violation of natural justice. As a result, the matter was deemed to be remanded for further scrutiny, with instructions to the JCDR to obtain comments from the Commissioner on the submissions and evidence provided by the appellants.3. Violation of principles of natural justice in the order: The learned Counsel argued that the order was not a speaking order and contravened the principles of natural justice. He highlighted the evidence on record and contended that all relevant particulars had been disclosed without any suppression of facts. The Tribunal agreed with this assessment, noting that the appellants had indeed submitted various pieces of evidence, and the Commissioner's assertion to the contrary was unfounded. The Tribunal emphasized the importance of adhering to principles of natural justice and decided to remand the matter for further review, granting full waiver of pre-deposit and staying recovery until the appeal's final disposal. The JCDR was tasked with obtaining comments from the Commissioner to facilitate a comprehensive assessment of the case before the final hearing scheduled for October 27, 2006.