2018 (5) TMI 119 - HC - Service Tax

Court dismisses writ petition challenging service tax demand order, petitioner advised to seek alternative remedies

The Court dismissed the writ petition challenging the order dated 30.04.2014, which sought to prevent recovery proceedings for service tax demand from ... Maintainability of petition - recovery proceedings - Held that: - The disputed question of fact whether the petitioner is Goods Transport Agency or Goods Transport Operator cannot be adjudicated in the writ proceedings - No ground is made out by the petitioner to challenge the impugned order date d 30.04.2014 belatedly at this stage that too circumventing the alternative and efficacious remedy available under the Act - petition without any substance and is dismissed. Issues:Challenge to order dated 30.04.2014 | Recovery proceedings initiated by respondent No.3 | Service tax demand for the period January 2008 to September 2011 | Classification as Goods Transport Agency (GTA) or Goods Transport Operator (GTO) | Availability of alternative remedy under the Act | Adjudication of disputed factual aspect | Dismissal of writ petitionAnalysis:The petitioner challenged the order dated 30.04.2014, seeking to prevent respondent No.3 from commencing recovery proceedings based on a recovery notice dated 12.02.2018. The petitioner's counsel argued that while a subsequent assessment favored the assessee for the period October 2011 to September 2012, the demand for service tax for the earlier period of January 2008 to September 2011, based on being classified as a Goods Transport Agency (GTA), contradicted the later decision. The counsel urged to set aside the impugned order and halt the recovery proceedings.The respondents contended that the petitioner should have pursued alternative remedies available under the Act instead of approaching the Court directly. They emphasized that each assessment year is distinct, and the determination of whether the petitioner is a Goods Transport Agency or Goods Transport Operator requires examination by the Appellate Tribunal. Therefore, they sought the dismissal of the writ petition.After hearing both parties, the Court found merit in the respondent's arguments. It held that the factual dispute regarding the petitioner's classification as a Goods Transport Agency or Goods Transport Operator cannot be resolved in writ proceedings. The Court noted that the petitioner failed to demonstrate any valid grounds to challenge the 30.04.2014 order at this stage without utilizing the available alternative remedies. Consequently, the writ petition was dismissed, granting the petitioner the liberty to pursue appropriate proceedings before the relevant forum in accordance with the law. No costs were awarded in this matter.