Deliberate suppression and composite road works determine service-tax limitation and public-road exemption for integral footpath construction.
Extended limitation for service-tax recovery requires positive, deliberate and wilful suppression; mere failure or omission to declare receipts does not suffice, particularly where the department already possesses Form 26AS, income-tax return and receipt data. Recovery cannot rest on the extended period without independent evidence of intent to evade tax. The public-road construction exemption for works contract services covers widening and strengthening works and integral footpaths within a composite Government road-development project. On that basis, the service-tax demand and consequential interest and penalties are unsustainable.
Issues: (i) Whether the extended period of limitation for recovery of service tax was invocable; (ii) Whether works contract services for widening and strengthening a road and providing footpaths qualified for exemption applicable to road construction.
Issue (i): Whether the extended period of limitation for recovery of service tax was invocable.
Analysis: The demand was founded on figures appearing in Form 26AS, income-tax returns and statements of receipts supplied by the assessee. The material was already available to the department, and the notice did not identify any independent verification or evidence of a deliberate and wilful act to evade tax. For invoking the extended period under Section 73(1) of the Finance Act, 1994, suppression must be a positive, deliberate and wilful non-disclosure; mere omission or failure to declare is insufficient.
Conclusion: The extended period was not available, and the demand raised by invoking that period was unsustainable in favour of the assessee.
Issue (ii): Whether works contract services for widening and strengthening a road and providing footpaths qualified for exemption applicable to road construction.
Analysis: The services involved material and labour and were works contract services rendered to Government authorities for a public road-development project. Entry 13 of Notification No. 25/2012-ST dated 20.06.2012 exempts construction-related services concerning a road for public use. A road includes its integral facilities for public movement, including footpaths; therefore, widening and strengthening works for providing footpaths could not be severed from the composite road-development project.
Conclusion: The works contract services qualified for the exemption under Entry 13 of Notification No. 25/2012-ST dated 20.06.2012, in favour of the assessee.
Final Conclusion: The service-tax demand, and the consequential interest and penalties founded on it, were legally unsustainable.
Ratio Decidendi: The extended limitation period requires evidence of deliberate and wilful suppression, and public-road construction exemption extends to integral footpath works forming part of a composite road-development project.