2025 (8) TMI 998 - AT - Service Tax

Extended period invocation rejected where income heads were already in earlier notices; extended-period demands time-barred, Section 78 penalty not imposable

M/s Poddar Hyundai Versus Commr. of CGST & CX, Patna

M/s Poddar Hyundai Versus Commr. of CGST & CX, Patna - TMI 1. ISSUES PRESENTED AND CONSIDERED 1.1 Whether invocation of the extended period of limitation is permissible where an earlier show cause notice on the same/similar facts had been issued and the Department was aware of the transactions. 1.2 Whether the allegation of suppression of facts by the assessee can sustain invocation of the proviso to the extended limitation period when the same facts were earlier before the authorities. 1.3 Whether a penalty imposed solely under Section 78 is sustainable. 1.4 Consequential issues: treatment of demands falling within the normal period, interest and appropriation of amounts already paid. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1: Permissibility of invoking extended period where earlier SCN on same facts exists Legal framework: 2.1 The statutory scheme permits invocation of an extended period of limitation (proviso to Section 11A or equivalent) where there is wilful suppression or mis-statement of facts by the assessee; otherwise demands must generally be made within the normal limitation period. Precedent Treatment: 2.2 The Court relied on Supreme Court authority holding that once an earlier show cause notice on the same/similar facts was issued and the facts were before the Department, a subsequent SCN invoking the extended period on the ground of suppression is impermissible. Earlier line of decisions (P & B Pharmaceuticals; ECE Industries; Hyderabad Polymers) were followed. Interpretation and reasoning: 2.3 The Tribunal examined the earlier and later show cause notices and found the identical issues (income from 'extended warranty', 'insurance', 'other miscellaneous services') were raised earlier; thus the relevant facts were already in the knowledge of the authorities. The Department's re-initiation for later periods could not be justified as invocation of the extended period because no new or hidden facts were brought to light that could amount to suppression. Ratio vs. Obiter: 2.4 Ratio - Where the Department had earlier issued SCNs on the same subject-matter and the relevant facts were available to it, invoking the extended limitation period subsequently on the ground of suppression is not permissible. This follows directly from binding precedents applied by the Tribunal. Conclusions: 2.5 The extended period invocation was erroneous; confirmed demands based on the extended period are time-barred and were set aside to that extent. Issue 2: Allegation of suppression of facts by the assessee Legal framework: 2.6 Suppression of facts is a prerequisite for invoking extended limitation; suppression must be of material facts not earlier brought to the Department's notice. Precedent Treatment: 2.7 The Tribunal followed precedents that where authorities previously considered the relevant facts at multiple stages (classification, earlier SCNs), later change of view by the Department cannot be treated as suppression by the assessee. Interpretation and reasoning: 2.8 The Tribunal found that the necessary material was before the authorities when the first SCN was issued; later issuance of subsequent SCNs on the same/similar facts does not transform earlier disclosed facts into suppressed facts. The Department's awareness precludes treating the facts as wilfully suppressed by the assessee. Ratio vs. Obiter: 2.9 Ratio - Mere issuance of subsequent SCNs on identical facts, when those facts were previously known to the Department, cannot sustain a charge of suppression for the purpose of invoking extended limitation. Conclusions: 2.10 The allegation of suppression was rejected; the extended period could not be invoked on that basis. Issue 3: Sustainability of penalty under Section 78 Legal framework: 2.11 Section 78 (penalty provision invoked) and relevant principles that penalties must be sustainable on the facts and legal findings sustaining demand. Precedent Treatment: 2.12 No new precedent was necessary; the Tribunal applied statutory logic that if the penalty is imposed solely under a particular provision and the underlying demand is time-barred/unsupported, the penalty cannot stand. Interpretation and reasoning: 2.13 The Tribunal held that the penalty had been imposed only under Section 78; because the extended period demand was set aside as time-barred, there remained no basis to sustain the Section 78 penalty. Ratio vs. Obiter: 2.14 Ratio - Where the substantive demand on which a penalty under Section 78 is based is liable to be set aside (time-barred), a penalty imposed solely under Section 78 is not imposable. Conclusions: 2.15 The penalty under Section 78 was set aside. Issue 4: Treatment of demands within normal period, interest, and appropriation Legal framework: 2.16 Normal limitation rules apply to demands within the standard time-bar; payments and interest obligations remain subject to law where demands fall within the normal period. Appropriation of amounts already paid can be reflected in the orders. Precedent Treatment: 2.17 The Tribunal relied on the general principle that demands falling within the normal period survive and are payable with interest, and previously paid amounts may be appropriated as per the adjudicating authority's order. Interpretation and reasoning: 2.18 The Tribunal clarified that any confirmed demand which falls within the normal period remains payable by the appellant along with interest. It noted that certain penalties and interest had already been paid and appropriated in the order under attack. Ratio vs. Obiter: 2.19 Primarily clarificatory/operational (obiter in respect of general practice), but binding as applied to the facts: time-barred components are set aside; non-time-barred components must be paid with interest; amounts already paid and appropriated in the order are to be treated accordingly. Conclusions: 2.20 The Tribunal directed payment of any demands that fall within the normal period with interest and recognized appropriation of amounts already paid as reflected in the adjudication. 3. DISPOSITION 3.1 The confirmed demand to the extent based on invocation of the extended period was set aside as time-barred. 3.2 The penalty imposed solely under Section 78 was set aside. 3.3 Demands that fall within the normal limitation period remain payable with interest; prior payments/appropriations noted in the adjudicating order are recognized. 3.4 The appeal was partly allowed on the above terms and consequential reliefs, if any, were permitted as per law.