Revenue appeal dismissed over Rs.9.68 crore service tax demand for cargo handling and mining services under VCES

CESTAT Hyderabad dismissed revenue's appeal against taxpayer regarding short payment of service tax under VCES declaration. The tribunal upheld Commissioner's decision dropping demand of Rs.9,68,42,681/- for cargo handling and mining services (2008-2010). Demand was held bad due to duplication, vagueness, and limitation issues. Revenue failed to conduct detailed examination of services or provide proper classification in show cause notice. Previous SCN covering same period indicated revenue's awareness of taxpayer's affairs, negating claims of missed services. Personal penalty also set aside.

---

---

Issues Involved:

1. Confirmation of demand of service tax under VCES declaration.
2. Imposition of personal penalty on the Director.
3. Dropping of alleged demand under Cargo Handling and Mining services.

Summary:

1. Confirmation of demand of service tax under VCES declaration:

Appeal No. ST/30340/2017 was filed by the appellant company against the confirmation of demand of service tax of Rs.6,11,70,185/- alleging short payment of tax pursuant to VCES declaration, u/s 110 read with u/s 111 of the Finance Act, 2013 for the period up to 31.12.2012. The appellant had declared unpaid tax dues of Rs.19,93,75,679/- under VCES but failed to deposit 50% of the tax dues by 31.12.2013, rendering them ineligible for the scheme. The department issued a SCN dt.30.12.2014 alleging the declaration was substantially false, leading to the demand of Rs.6,11,70,185/-. The appellant argued that the amount was miscalculated as the Revenue did not consider payments made through Cenvat credit. The VCES declaration was rejected by Revenue, and the demand was later settled under the SVLDR Scheme, 2019.

2. Imposition of personal penalty on the Director:

Appeal No. ST/30341/2017 was filed by the Director of the appellant company against the imposition of a personal penalty of Rs.1,00,000/-. The Tribunal allowed the appeal of the appellant company and its director, setting aside the impugned order and entitling the assessees to consequential benefits in accordance with the law.

3. Dropping of alleged demand under Cargo Handling and Mining services:

Appeal No. ST/30371/2017 was filed by the Revenue against the dropping of alleged demand of Rs.9,68,42,681/- for short payment of tax under Cargo Handling service and Mining service for the period 10.04.2008 to 11.08.2010. The Commissioner observed that the same demand was covered by an earlier SCN dt.08.10.2014, thus invoking the extended period of limitation was not sustainable. The Tribunal upheld the Commissioner's decision, citing the ruling of Hon'ble Supreme Court in Nizam Sugar Factory vs CCE, AP [2006 (197) ELT 465 (SC)], and dismissed the Revenue's appeal.

In conclusion, the Tribunal allowed the appeals of the appellant company and its director, setting aside the impugned order, and dismissed the Revenue's appeal as being without any merits.

(Pronounced in the Open Court on 08.04.2024)

---