Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
Subject News *  Documentary evidence dominates probe, further custody unwarranted: mumbai court grants bail in Rs. 22.44 crore customs duty evasion case. *  Business premises can’t remain sealed for non-participation in GST search: Allahabad High Court. *  GST pre-deposit must be refunded proportionately when taxpayer partly succeeds in appeal: Bombay High Court. *  Supreme Court grants 30 days to file GST appeal; keeps pre-deposit issue open due to deposit in parallel CGST proceedings. *  GST demand can’t exceed amount proposed in SCN: Allahabad High Court quashes Rs. 20.47 Crore order. *  Hundreds-of-crores GST demand and heavy 10% pre-deposit no ground to bypass statutory appeal: Punjab & Haryana High Court. *  Delhi High Court refuses to entertain challenge to gold confiscation due to statutory appeal remedy and unexplained delay. *  Procedural error in customs broker licence inquiry can be rectified through remand: Delhi High Court. *  GSTR-2A mismatch alone can’t justify ITC denial without invoice-wise verification; personal hearing mandatory: GSTAT. *  GST order passed without uploading personal hearing notices violates sec. 75(4): Allahabad High Court. *  TAX EVASION - Sec. 74 GST SCN quashed for not spelling out fraud, wilful misstatement or suppression: Allahabad High Court. *  STPI’s SOFTEX certification and NoC charges taxable as business support services: CESTAT. *  Suspicion can’t replace proof: CESTAT quashes penalty in alleged gold-smuggling operation. *   Limitation runs from communication of order: Madras High Court upholds rejection of delayed GST Appeals. *  Rajasthan High Court quashes GST demand over unsigned show cause notice. *  ITC recovery upheld where supplier failed to deposit GST: Rajasthan High Court. *  Customs commissioner’s empowered to make port trust liable for duty on pilfered goods: Supreme Court. *  Rectification proceedings can’t be used to challenge an uncontested GST assessment through a writ petition: Andhra Pradesh HC. *  GST proceedings against deceased proprietor unsustainable without notice to legal heir: GSTAT. *  Mere availment of ineligible self-assessed ITC doesn’t amount to suppression without evidence of fraud or wilful misstatement: GSTAT. *  Disposal of mining overburden by entity authorised by mining lease holder constitutes taxable service: CESTAT. *  Toll plaza data not mandatory for ITC refund: GSTAT. *  Disputed GST fraud allegations require investigation: Punjab and Haryana High Court makes interim bail absolute in alleged fraud and GST fraud case. *  Non-manufacturer contractor liable to deposit excess excise duty collected from buyer: CESTAT. *  GST order can’t reject taxpayer’s reply as “not satisfactory” without reasons: Madhya Pradesh High Court. *  Uncorroborated statements can’t establish alleged diversion of duty-free goods: CESTAT. *  Erection services were not liable to service tax prior to 10th september 2004: CESTAT. *  Sec. 74 GST notice must spell out statutory ingredients for invoking extended tax demand proceedings: Allahabad High Court. *  No jurisdictional bar under section 6(2)(b) in parallel CGST SGST proceedings: Delhi High Court refuses to bypass GST appeal remedy. *  Madras High Court remits GST demand for fresh adjudication after taxpayer claims it was unaware of SCN following business closure.  

Comments

Print   |    |  Comment

PJ/Case Law/2013-14/1612

Whether municipal corporation can be held liable to pay service tax?

Case:- MUNICIPAL CORPORATION, AURANGABAD Vs COMMISSIONER OF CENTRAL EXCISE, AURANGABAD.
 
Citation:- 2013-TIOL-897-CESTAT-MUM.
 
Brief facts:- The appeal and stay application are directed against the Order-in-Original No.18/ST/Comm./2012 dated 17.10.2012 passed by the Commissioner of Central Excise & Service Tax, Aurangabad. The appellant, M/s Aurangabad Municipal Corporation rendered various services such as renting of immovable property service, mandap keeper service, sale of space or time for advertisement service, supply of tangible goods for use and Health club and fitness service. However, they failed to discharge the Service Tax liability on these services during the period, April 2006 to March, 2011 in respect of mandap-keeper and health club and fitness services, May, 2006 to March, 2011 in respect of sale of space and time for advertisement service, 1.6.2007 to March 2011 in respect of renting of immovable property and from 16.5.2008 to March, 2011 in respect of supply of tangible goods for use service. Notice was issued vide notice dated 22.10.2011 proposing to demand Service Tax amounting to Rs.1,28,73,441/- along with interest thereon and also proposing to impose penalties. Notice was adjudicated vide the impugned order and the demand was confirmed along with interest and penalties were imposed on the appellant under Sections 76, 77 and 78 of the Finance Act, 1994.
 
Appellant’s contention:- The appellant submits that the appellant is a local authority and they were not aware that they are liable to pay Service Tax in respect of these services. In respect of renting of immovable property service, the issue itself was pending before the various High Courts and only in 2010, the issue was finally settled in favour of the Revenue by the Hon'ble Bombay High Court in the case of Infinity Retail Ltd. - 2010 (19) STR 801 (Bom).Therefore, the appellant was under bona fide belief that they are not liable to pay Service Tax. However, the Advocate fairly concedes that the appellant is now discharging the Service Tax on all these services. In view of the fact that they were under bona fide belief that they are not liable to pay Service Tax and the appellant being a Municipal Corporation, the suppression of facts with intent to evade duty cannot be alleged. He also offers to make pre-deposit of Service Tax demand involved during the normal period of time, which is approximately Rs.35 lakhs. He also submits that they have already paid an amount of Rs.4.5 lakhs in respect of renting of immovable property.
 
Respondent’s Contention:- The learned Dy. Commissioner (AR) appearing for the Revenue submits that the appellant cannot make an excuse in view of the fact that various letters were issued to the appellant as early as 08.09.2009 and onwards. They were also issued summons as early as March, 2009. However, these were not heeded to by the appellant. Therefore, the extended period of time has been rightly invoked in this case.
 
Reasoning of Judgement:- As the appellant is Municipal Corporation, a statutory body of the Government, prima facie the allegation of suppression of facts with intent to evade the service tax may not be sustainable in law. Therefore, the offer made by the appellant to pay Service Tax amount of Rs. 35 lakhs towards the Service Tax demand for the normal period of time was accepted and it was directed to the appellant to make the pre-deposit of Rs. 35 lakhs within six weeks and report compliance on 1.5.2013. On such compliance, pre-deposit of balance of dues adjudged against the appellant shall stand waived and recovery thereof stayed during pendency of the appeal.
 
Decision:- Part stay granted.
 
Comment:- The gist of this case is that the Municipal Corporation is a statutory body of the Government, and so prima facie, the allegation of suppression of facts with intent to evade the service tax may not be sustainable in law.
 

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