Tribunal Allows Appeal, Service Tax Demands Not Sustainable Pre & Post 18.4.2006 The Tribunal set aside the order, allowing the appeal with consequential relief, based on the precedents cited in the cases of Indian National Shipowners ...
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Tribunal Allows Appeal, Service Tax Demands Not Sustainable Pre & Post 18.4.2006
The Tribunal set aside the order, allowing the appeal with consequential relief, based on the precedents cited in the cases of Indian National Shipowners Association v. Union of India and Texyard International v. Commissioner. The service tax demands on commission paid to foreign agents under the reverse charge mechanism were deemed not sustainable for both the period prior to 18.4.2006 and post 18.4.2006.
Issues: Levy of service tax on commission paid to foreign agents under reverse charge mechanism for the period prior to 18.4.2006 and post 18.4.2006.
Analysis: For the period prior to 18.4.2006, the appellant, a manufacturer and exporter of textile articles, was issued a show cause notice demanding service tax on the commission paid to overseas agents under the category of Business Auxiliary Service. The original authority confirmed the demand, but the appellant argued that the issue had been settled by the judgment in the case of Indian National Shipowners Association Vs. Union of India, affirmed by the Supreme Court. The jurisdictional High Court also supported this view. Consequently, the Tribunal held that the demand for this period was not sustainable based on the precedents cited.
Regarding the period post 18.4.2006, the appellant claimed eligibility for exemption under Notification No. 14/2004-ST dated 10.9.2004. The Tribunal referred to the decision in the case of Texyard International Vs. Commissioner, which stated that no service tax is leviable under Business Auxiliary Service in relation to textile processors. As the appellants fell within this category, the Tribunal found the demand for this period also not sustainable.
In conclusion, the Tribunal set aside the impugned order, allowing the appeal with consequential relief, if any. The judgment in the case of Texyard International was crucial in determining the non-sustainability of the service tax demands for both the period prior to 18.4.2006 and post 18.4.2006.
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