2019 (2) TMI 1309 - AT - Service Tax

Appellant Wins Appeal Based on Limitation, Liability for Service Tax Upheld

M/s. Southern Wind Farm Ltd. Versus Commissioner of GST & Central Excise Chennai South

M/s. Southern Wind Farm Ltd. Versus Commissioner of GST & Central Excise Chennai South - 2019 (25) G. S. T. L. 36 (Tri. - Chennai) Issues:1. Liability of the appellant to pay service tax on freight charges and consulting engineering services.2. Applicability of the reverse charge mechanism.3. Grounds of limitation for invoking the extended period.Analysis:1. The appellant argued that as per the Slump Sale Agreement, they only took over the assumed liabilities, which did not explicitly include the obligation to pay service tax. However, the Tribunal held that by acquiring the business of NEPC, including its liabilities, the appellant is liable to pay service tax on the freight charges and consulting engineering services under the reverse charge mechanism. The Tribunal found the appellant's contention unconvincing and ruled against them on this issue.2. The appellant further contended that they should not be held responsible for the service tax liability as they did not receive the services directly. The Tribunal disagreed, emphasizing that the appellant made payments to the clients as per the Slump Sale Agreement, thereby assuming the liability for service tax under the reverse charge mechanism. The Tribunal upheld the liability of the appellant for the service tax on these payments.3. Regarding the issue of limitation, the appellant argued that the show cause notice was issued beyond the statutory period and that they had provided all relevant details to the department in a timely manner. The Tribunal acknowledged that the appellant had disclosed the payments made and clarified their compliance with the Slump Sale Agreement in their correspondence with the department. Consequently, the Tribunal held that the appellant cannot be accused of suppressing facts to evade service tax payment. The Tribunal set aside the show cause notice issued beyond the limitation period in favor of the appellant.In conclusion, the Tribunal ruled in favor of the appellant on the grounds of limitation, setting aside the impugned order and allowing the appeal with consequential relief. The Tribunal emphasized the appellant's liability to pay service tax on the freight charges and consulting engineering services under the reverse charge mechanism, rejecting the appellant's arguments to the contrary.