2024 (9) TMI 776 - AT - Service Tax

Government corporation wins service tax appeal on transportation services under reverse charge mechanism due to limitation period

M/s. Bihar State Food & Civil Supplies Corporation Ltd. Versus Commissioner of Central Excise and Service Tax, Patna Commissionerate

CESTAT Kolkata allowed the appeal filed by a government corporation incorporated by Bihar State against service tax demand on transportation of goods by ... Time limitation - Failure to discharge Service Tax liability on Transportation of Goods by Road (GTA) Services on reverse charge mechanism basis - N/N. 04/2010-S.T. dated 27.02.2010 - HELD THAT:- Admittedly, the appellant is a corporation incorporated by the Government of Bihar. They have been carrying on the activity of receiving and storing food grains. This issue had come up before the Hon’ble Gujarat High Court in the case of GUJARAT PULSES MANUFACTURING ASSOCIATION AN ASSOCIATION OF PULSE MILLS VERSUS UNION OF INDIA [2018 (5) TMI 1424 - GUJARAT HIGH COURT] wherein the Hon’ble High Court held 'across the country, the trade did not pay service tax on transportation of Tur Dal till 2010 nor did the department raise any demand disputing the interpretation of the trade that the product Tur Dal was already included in the exemption notification. That being the position, nowhere the non-payment of tax can be co-related to fraud, collusion, wilful misstatement, suppression of facts or contravention of the statutory provisions by the petitioner with the intent to evade payment of duty. The show cause notices thus which seek to levy such duty for the period beyond the normal period of eighteen months of limitation therefore, cannot survive.' The appeal is allowed on the ground of limitation itself, without going into the merits of the case - appeal disposed off. Issues:1. Service Tax liability on 'Transportation of Goods by Road' (GTA) Services on reverse charge mechanism basis.2. Applicability of Notification No. 33/2004-S.T. dated 03.12.2004 and Notification No. 04/2010-S.T. dated 27.02.2010.3. Invocation of extended period provisions for issuing Show Cause Notice.4. Legislative intent regarding retrospective effect of Notification No. 04/2010-S.T.5. Interpretation of the case-law of M/s. Gujarat Pulses Manufacturing Association v. Union of India [2018 (15) G.S.T.L. 584 (Guj.)].Analysis:1. The appellant, a public sector undertaking under the State Government of Bihar, was issued a Show Cause Notice for not discharging Service Tax liability on 'Transportation of Goods by Road' services. The adjudicating authority confirmed the demand, including interest and penalty, based on the appellant's failure to pay Service Tax. The appellant contested this before the Tribunal.2. The appellant argued that they believed they were exempt from paying Service Tax under GTA services for transporting agricultural products, relying on Notification No. 33/2004-S.T. and subsequent amendments. They contended that the extended period provisions for issuing the Show Cause Notice were unjustified, citing the case-law of M/s. Gujarat Pulses Manufacturing Association v. Union of India.3. The Revenue countered by emphasizing that Notification No. 04/2010-S.T. had no retrospective effect and only applied from its specified date. They justified the demand and urged the dismissal of the appeal.4. The Tribunal, after reviewing the case and the cited case-law, found the issue to be narrow. Referring to the judgment in M/s. Gujarat Pulses Manufacturing Association v. Union of India, the Tribunal concluded that the appellant's case fell within the scope of limitation. The Tribunal allowed the appeal solely on the ground of limitation, without delving into the merits of the case.5. The appeal was disposed of accordingly, following the precedent set by the Hon'ble High Court, without further discussion on the substantive issues raised by the parties.