Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

PJ/Case Law/2019-2020/3613

Whether service tax is liable on rent a cab services if provided by one rent a cab operator to other rent a cab operator who has sub-let motor cab to the latter operator?
SUN NATIONAL TRANSPORT CO. Versus COMMR. OF C. EX., CUS. & S.T., NOIDA
Issue-Whether service tax is liable on rent a cab services if provided by one rent a cab operator to other rent a cab operator who has sub-let motor cab to the latter operator?
Brief Facts:-Appellant is registered with the Service Tax Department under the category of “Rent-a-Cab Service” and engaged in providing vehicles to the other “Rent-a-Cab” service provider on a monthly leasing rent. Such vehicles were further being used by the other Rent-a-Cab registered operator and he was also discharging his service tax liability on the services provided by him.
A SCN was issued on 21st March, 2013 that the activity of providing vehicles to another person on monthly leasing rent also amounts to providing ‘Rent-a-Cab Service’ and as such demands were raised against the appellant for the period 2008-09 and 2011-12. The SCN confirms the ST liability amounting to Rs 3.03 crores along with identical amount of penalty as per section 78 and Rs 10000 penalty as per Section 77. Further interest as per section 75 of Finance Act 1994 also confirmed.
Assesess’s Contention: -The appellant has drawn attention to the Board’s clarification issued vide F. No. B-43/7/97-TRU, dated 11-7-1997. Wherein it was observed that service tax will not be payable in cases where a bill has been raised on a Rent-a-Cab Scheme operator, by another Rent-a-Cab Scheme operator who has sub-let motor cab to the latter operator provided who pays service tax on the amount billed to his client for renting out the motor cab so obtained by him. As such, he submits that the issue is covered by the said Circular of the Board clarifying that no service tax is payable on cab which is being rented out by A to B, both the registered Rent-a-Cab Service operator.
Department’s Contention: - The Revenue draws attention to the Tribunal decision in the case of Carzonrent (India) Pvt. Ltd. v. Commissioner of Service Tax, Delhi-I - 2017 (50) S.T.R. 172 (Tri. - Del.) wherein, in identical circumstances the Tribunal held, while examining an identical situation of leasing of motor vehicle by one Rent-a-Cab Service provider to another Rent-a-Cab Service provider, that such services are liable to service tax under the category of ‘Rent-a-Cab’ Service. As such, they submit that legal issue having been decided by the Tribunal, which is required to be followed in contradiction to the clarification issued by the Board.
CESTAT Ruling: -As regards the Board Circular, referred by the Learned Advocate, we find that the same is to following effect:-
However service tax will not be payable in cases where a bill has been raised on a Rent-a-Cab Scheme operator, by another Rent-a-Cab Scheme operator who has sub-let motor cab to the latter operator provided who pays service tax on the amount billed to his client for renting out the motor cab so obtained by him.”
Reading of the above Circular, in our views does not make the legal issue very clear. There is no reference to the terms “who”, “his” and “him”. The clarification does not make it clear as to how and who has paid the service tax on which amount billed by whom. In any case, the legal issue having been decided by the Tribunal against the assessee in the above referred decision of Carzonrent (India) Pvt. Ltd. is required to be followed in terms of the judicial discipline. As such, we hold that the appellant’s providing motor vehicles to the other ‘Rent-a-Cab’ operator on leasing basis is also covered by the services falling under the category of ‘Rent-a-Cab’ and tax liability would arise against him.
We, further note that the appellant has assailed impugned demand on the point of limitation inasmuch as the show cause notice stand issued by invoking longer period of limitation. In the same decision of the Tribunal in the case of Carzonrent (India) Pvt. Ltd. referred supra the benefit of limitation as also penalty was extended to the appellant. Inasmuch as the issue is complicated issue of legal interpretation of provisions of law and there is no direct evidence on record to reflect upon any mala fide of the assessee, we are of the view that longer period would not be available to the Revenue. Accordingly, we restrict the demand within the normal period of limitation, which would be requantified by the Original Adjudicating Authority and set aside the penalty in toto.
Conclusion: -In this case CESTAT ruled that the applicant is liable to pay Service Tax on Rent-a-cab services provided to another Rent-a-cab operator but also ruled that the there is no fraudulent or malicious intention of assessee to not paid these liability and there extended period of limitation can not be invoked and refer back the case to original authority to quantify the liability on the basis of normal period of limitation.
Prepared by- CA Tarun Rankawat
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