Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/ Case Law/2013-14/1621

Matter remanded to the adjudicating authority should be decided following the conditions of remand.

Case:- MADHYA PRADESH CONSULTANCY ORGANIZATION LTD Vs COMMISSIONER OF CENTRAL EXCISE, BHOPAL
 
Citation:- 2013-TIOL-1027-CESTAT-DEL
 
Brief facts:- The prayer in the application is to dispense with condition of pre-deposit of service tax of Rs.81, 47,713/- and penalty of identical amount imposed under section 78 of Finance Act, 1994. In addition a penalty of Rs. 1,000/- stands imposed under section 77 of Finance Act, 1994. The relevant facts in brief are that the appellant is a company registered under the company act having been promoted by national level financial institutions such as IFCI, IDBI and ICICI and such other nationalised banks. The appellants are engaged in providing consultancy services to the private sector on which they were paying service tax; they also carry on various research and development projects and other training programme acting as nodal agency on behalf of different Ministries of Central Government. Commissioner, in pursuance of show cause notice issued that the appellants have rendered taxable service by organizing work shop or seminar for the clients and therefore confirmed the demand of service tax and imposed penalty as mentioned above.
 
Appellants contention:- Learned advocated for the appellant submits that the demand of service tax has been made on amounts received as grant in aid from different government sources. No service provider - client relationship exists between the appellants and the government department. The work undertaken at the instance of government departments cannot be treated as taxable service. The grant in aid paid by the Government cannot be treated as charges for the services rendered by the appellants to the government departments. He relies on voluminous documents in support of his claim. In fact, the appellants filed application for producing certain additional evidence before the Tribunal which evidence has not been considered by the adjudicating commissioner. They also submits that identical issue has been decided by the Bangalore Bench of the Tribunal vide final order No.1113-1115/10 dt.22.7.10 in service tax appeals no.ST/555/08, ST/475/08 of ST/432/09 in the case of APICO Ltd. Co. Ltd. and others vs. CCE, Hyderabad.
 
Respondents Contention:- The respondent reiterated the findings of the lower authorities.
 
Reasoning of Judgement:- It was observed by the Tribunal thatthe order of the commissioner does not deal with the various issues raised. Further, as submitted by the learned Advocate, it was found that correspondences exchanged between the department and the appellants which are sought to be relied upon before Tribunal have not been considered by the commissioner. Further, the decision of the Tribunal dated 16.8.10 was not available when the matter was considered by the commissioner. It was also claimed that the bifurcation of taxable and non taxable services has been properly appreciated by the Commissioner.
 
In view of the above and in the interest of justice, it was deemed appropriate to set aside the order of the commissioner and remand the matter for fresh consideration after granting reasonable opportunity to the appellants. The appellants are permitted to file submissions including the evidence sought to be relied on within 45 days from the date receipt of this order. The Commissioner shall decide the issue afresh expeditiously preferably within six months from the date receipt of this order".
 
It is seen that the Commissioner in the impugned order has again confirmed duty and differentiated earlier decision of the Tribunal in the case of APICO Ltd. Co. Ltd. and others vs. CCE, Hyderabad by observing as under:-
 
It was found that the facts in the present case are dissimilar to the ones of APITCO Ltd. v. CCE, Hyderabad. The instant proceedings do not deal with the issues of relationship between assessee and government and the scope of 'scientific or technical consultancy'. I find that the decision in re APITCO Ltd. supra, sought to be relied upon by M/s. MPCON, is not applicable to the proceedings in view of difference in facts and the issue involved. In the instant proceedings, the issue involved is whether services rendered by MPCON to various individuals and concerns are chargeable to service tax when the source of money consideration is other than the service receivers".
 
As is seen from the above, the adjudicating authority has not followed earlier decision of the Tribunal in the case of APITCO Ltd. vs. CCE, Hyderabad by simply observing that the same is not applicable to the instant proceedings. However, he has not discussed as to what are facts distinguishing earlier order of the Tribunal in the case of APITCO Ltd. vs. CCE, Hyderabad from the present one. When the Tribunal has specifically remanded the matter for re-adjudication in the light of the decision rendered in the case of APITCO Ltd. v. CCE, Hyderabad, it was obligatory on the part of the Revenue to either follow the same or distinguish the same on facts or on law by making clear reference to the factual position. The observations of the adjudicating authority are not bringing out any difference between two matters. Hence, at this prima facie stage, the authority is of view that the appellant is entitled to claim unconditional stay.
 
Decision:- The stay application is allowed.
 
Comment:- The gist of the above case is that when the matter was remanded with a specific direction to decide in the light of the judgement given in the case of APITCO Ltd., the adjudicating authority ought to discuss and distinguish the case while denying its applicability in the facts and circumstances of the case. Failure to do so amounts to violation of the conditions of remand by the adjudicating authority.
 
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com