Service Tax Liability

[THYAGARAJAN KALYANASUNDARAM]

Dear Experts,

One of my clients had been providing transportation services for the delivery of Diesel and petrol from petroleum companies to retailers for the financial year 2015-16 to 2017-18(till June 2017) and did not charge any service tax on the services provided. Now, the service tax department has issued a notice stating that already SCN issued in April 2021 and Ist Personal Hearing called for, but none of them appeared(But originally my client has not received because he was shifted to another place). Therefore, now they have issued another 2nd Personal Hearing Notice and served it to my client. Further, I went to the department and argued that it is a time-barred case according to sec 73(1) of Finance Act,1994, where you cannot insist my client to remit the same, since it is more than 5 years due. However, the officials again issued 3rd Personal Hearing Notice to me and provide an explanation.

Please let me know, is there my stand is correct and also any exemption on the transportation of Diesel and Petrol to petroleum companies.

Please provide some citations to defend my client's case.

Thanks in Advance.

AI Summary

Client Disputes Service Tax Liability for 2015-2017 Under Finance Act, 1994; COVID-19 Order Extends Limitation Period A client provided transportation services for diesel and petrol from 2015-16 to mid-2017 without charging service tax. The tax department issued a notice for unpaid taxes, but the client missed the initial hearing due to relocation. A second notice was served, and the client argued the case was time-barred under the Finance Act, 1994. However, officials issued a third notice. Experts clarified that the case isn't time-barred due to a Supreme Court order extending limitations due to COVID-19. They advised contesting the notice on limitation or merit, noting that the tax liability likely falls on the party paying the freight.