2025 (2) TMI 1016 - AT - Service Tax

Service tax demand set aside after Revenue failed to prove suppression for extended limitation period

S.I. Logistics Pvt Ltd Versus Commissioner of Central Excise, Goods & Service Tax, Chandigarh

CESTAT Chandigarh allowed appellant's appeal on limitation grounds. Revenue issued show cause notice after three years delay based on mismatch between ... Extended period of limitation - suppression of facts - intent to evade or not - differences between the Form-26AS and the Balance Sheet furnished by the appellant - HELD THAT:- In the present case, on the basis of third party data received from the Income Tax Department, there was a mismatch in the gross amount declared in the ITR/TDS on the services during the period of FY 2016-17. Further, due to portal glitches, certain errors were there in the service tax returns for the second half year period from 01.10.2016 to 31.03.2017; but at the time of statutory audit, the exact liability was indentified and entire amount was deposited. The information sought by the Revenue was supplied along with the relevant documents, but despite that, show cause notice was issued after inordinate delay of more than three years and by resorting to best judgment assessment, the demand was confirmed without looking into the documents/information supplied by the appellant. Extended period of limitation - HELD THAT:- There is no allegation of suppression against the appellant either in the show cause notice or in the Order-in-Original & Order-in-Appeal. The Revenue has failed to establish any of the ingredients as required for invoking the extended period of limitation. The impugned order is barred by limitation - Appeal of the appellant allowed only on limitation by setting aside the impugned order. ISSUES PRESENTED AND CONSIDERED 1. Whether demand confirmed by best judgment assessment under Section 72 can be sustained where the assessee had furnished documents and reconciliations in response to show cause notice and during personal hearing. 2. Whether invocation of the extended period of limitation (beyond three years) is permissible in absence of allegations or material establishing suppression with intent to evade tax as required under the statutory scheme. 3. Whether an assessment confirmed after inordinate delay and without application of mind to documents supplied by the assessee is legally tenable. 4. Whether the impugned demand is barred by limitation such that the appellate authority must quash the order without adjudicating other merits. ISSUE-WISE DETAILED ANALYSIS Issue 1: Sustainment of Best Judgment Assessment where taxpayer supplied documents and reconciliations Legal framework: Best judgment assessment under Section 72 permits the authority to assess where returns are inadequate, but the assessment must be reasonable and founded on material; authorities must consider documents and explanations furnished by the assessee. Precedent treatment: The Court relied on established authorities holding that best judgment assessments cannot rest on surmises and conjectures and must be made after reasonable application of mind to available material (citing the principle in Kathyaini Hotels and similar precedent). Interpretation and reasoning: The Tribunal observed that the assessee had supplied service tax returns, challans, reconciliations, and other documents both in response to summons and the show cause notice, and had explained discrepancies as clerical/portal glitches. Despite these submissions, the Adjudicating Authority proceeded to confirm demand by invoking best judgment assessment without considering the supplied material. The Tribunal treated the failure to consider material as fatal to the assessment's legitimacy. Ratio vs. Obiter: Ratio - where an assessing authority confirms demand by best judgment without considering documents and reconciliations actually supplied by the assessee, the assessment is unsustainable. Obiter - factual observations about portal glitches and timing of statutory audit. Conclusion: Best judgment assessment confirmed without application of mind to the documents furnished cannot be sustained. Issue 2: Invocation of extended period of limitation in absence of suppression with intent Legal framework: Extended limitation (beyond three years) can be invoked only upon satisfaction of statutory ingredients (e.g., suppression of facts with intent to evade tax) as prescribed by the Finance Act; mere mismatch in third-party data does not automatically import suppression. Precedent treatment: The Tribunal followed settled law that the extended period cannot be invoked unless the statutory ingredients (suppression/intent) are established, relying on authorities cited by the appellant that delineate the threshold for invoking extended limitation. Interpretation and reasoning: The show cause notice and the orders under challenge contained no allegation or finding of suppression or intent to evade tax. The information forming the basis of the notice arose from third-party data (Income Tax Department) showing mismatches, but the assessee provided explanations and documentary proof of tax payment. The Tribunal held Revenue failed to establish the statutory basis for extended limitation. Ratio vs. Obiter: Ratio - invocation of extended limitation without establishing the statutory ingredients (suppression/intent) is impermissible. Obiter - the source of mismatch (Form-26AS vs. returns) and the assessee's asserted portal errors. Conclusion: Extended period of limitation could not be validly invoked in the absence of any allegation or proof of suppression with intent to evade tax. Issue 3: Effect of inordinate delay and failure to apply mind to supplied material Legal framework: Administrative action must be taken within prescribed limitation and after application of mind to relevant material; issuance of show cause notice after prolonged delay, followed by confirmation without considering material, raises procedural infirmity affecting sustenance of demand. Precedent treatment: The Tribunal applied established principles that delay and lack of examination of material can render an assessment unsustainable, as reflected in the authorities relied upon by the appellant. Interpretation and reasoning: The Tribunal noted a gap of more than three years between the period in question and issuance of the show cause notice. Despite repeated submissions by the assessee (including re-sending emails and personal hearing), the Adjudicating Authority confirmed demand without evaluating the reconciliations and evidence showing tax payment. The Tribunal concluded the confirmation suffered from procedural and substantive infirmity caused by delay and non-consideration of material. Ratio vs. Obiter: Ratio - an assessment confirmed after inordinate delay and without consideration of documents supplied by the assessee is liable to be set aside. Obiter - factual finding that the assessee deposited the entire identified amount upon detection at statutory audit. Conclusion: The procedural lapse (delay and failure to consider material) vitiated the assessment and supported setting aside the demand. Issue 4: Whether the impugned demand is barred by limitation and consequent appellate relief Legal framework: If extended limitation cannot be validly invoked and the ordinary limitation period has expired, the demand is time-barred; appellate tribunals may set aside orders on limitation without adjudicating other merits. Precedent treatment: The Tribunal applied plain statutory limitation principles and allied case law emphasizing that absence of statutory grounds for extended limitation makes the demand barred. Interpretation and reasoning: Given the Revenue's failure to establish suppression or other statutory grounds for invoking extended limitation, and the inordinate delay in issuing the show cause notice, the Tribunal found the impugned order barred by limitation. The Tribunal expressly refrained from deciding other merits once limitation was found to dispose of the appeal. Ratio vs. Obiter: Ratio - where demand is barred by limitation due to absence of statutory grounds for extension, the appellate authority should set aside the impugned order on limitation grounds; this is a determinate ground for disposal without addressing remaining merits. Obiter - commentary that the material showed tax payment and clerical/portal errors. Conclusion: The impugned order is barred by limitation and was set aside on that ground; the appeal was allowed on limitation alone. Cross-references Issues 1-3 are interrelated: failure to consider documents (Issue 1) and absence of suppression (Issue 2) together informed the Tribunal's conclusion on inordinate delay and procedural infirmity (Issue 3), culminating in the limitation-based disposition (Issue 4).