2018 (9) TMI 321 - HC - Service Tax

Appeal challenging Tribunal's order dismissed; court upholds decision on services & penalties

The Commissioner of Service Tax, Mumbai –VII, Commissionerate Versus M/s. Omega Associates

The High Court dismissed the appeal challenging the Customs, Excise and Service Tax Appellate Tribunal's order. The court upheld the Tribunal's decision ... The questions as proposed do not give rise to any substantial questions of law as issue raised stand concluded by the decision of this Court - appeal is dismissed. Issues:1. Appeal challenging the order passed by the Customs, Excise and Service Tax Appellate Tribunal.2. Questions of law raised by the Revenue regarding the nature of services provided and penalty imposition.3. Reliance on a previous decision by the Tribunal in a similar case.4. Applicability of a circular interpreted differently by different courts.Analysis:1. The judgment involves an appeal challenging the order of the Customs, Excise and Service Tax Appellate Tribunal. The appeal questions whether the assessee was providing Management, Maintenance, or Repair Service by collecting non-returnable deposits from prospective flat buyers for building maintenance. Additionally, it challenges the setting aside of a penalty despite the assessee admitting liability and paying service tax on Goods and Transport Agency Service.2. The Revenue raised questions of law regarding the Tribunal's decision on the nature of services provided and the penalty imposition. The first question pertains to the characterization of the collected amount as deposits for building maintenance services. The second question questions the Tribunal's decision to set aside the penalty due to the negligible amount involved.3. The Tribunal's decision was influenced by a previous ruling in Kumar Beheray Rathi, which the appellant contested. The appellant pointed out that a similar case was decided in their favor by the High Court, indicating that the issue had already been settled by a higher court.4. The judgment also addresses the conflicting interpretations of a circular by different courts. The Tribunal relied on its interpretation in Kumar Beheray Rathi, while the appellant cited a different interpretation by the High Court of Kerala in the case of Kothamangalam Municipality. The court found that the questions raised did not present any substantial legal issues as they had already been resolved by the High Court's previous decision.In conclusion, the High Court dismissed the appeal, stating that the questions raised did not give rise to any substantial legal issues as they had already been addressed and settled by a previous decision of the court.