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 Laws/2012-13/1207

Whether the appellant suppressed the material facts with intent to evade payment of service tax?
Case:- M/s SAS ADVERTISERS Vs COMMISSIONER OF CENTRAL EXCISE, MYSORE
 
Citation: - 2012-TIOL-1093-CESTAT-BANG
Issue: - Whether the appellant suppressed the material facts with intent to evade payment of service tax?
 
Brief fact: - The Appellant obtained land from the Municipal Corporation of Bangalore on a rental basis and erected cantilevers. The Corporation utilizes one side of the cantilever and the assessee can utilize the other side of the cantilever to generate revenue by way of renting out that space for the purpose of advertisements. The dispute in the present case is with regard to the transaction of the appellant with one such advertising agency namely M/s Clear Channel Communications Pvt. Ltd. (Clear Channel, for short).The Memorandum of Understanding between the appellant and Clear Channel, dated 28/12/2005. The agreement indicates that the cantilevers erected by the appellants on the municipal property were handed over to Clear Channel after providing electrical fittings and connections. This agreement permitted Clear Channel to use the space on the cantilevers for exclusive marketing purposes and also categorically stated that such space could be used by Clear Channel for their clients for display of advertisements. On the basis of the terms and conditions of this agreement, the department took the view that the transaction between the appellant and Clear Channel was in the nature of rendering of the aforesaid service by the former to the latter. This view made its way into a show-cause notice which invoked the extended period of limitation for recovery of service tax from the appellant for the aforesaid period.
 
The Appellant filed  application seeking waiver and stay in respect of an amount of Rs.14,04,481/- demanded as service tax and education cesses for the period from May 2006 to March 2007 as also penalties imposed on the appellant. The impugned demand of service tax is under the Head “Sale of space/time for advertisement” service.
 
Appellant Contention: - The learned Consultant for the appellant has claimed prima facie case against the demand both on merits and on the ground of limitation.
 
The appellant pleaded inter alia that it was their bona fide belief that they were not liable to pay service tax on the activity undertaken under the aforesaid Memorandum of understanding, for Clear Channel. One of the reasons for the bona fide belief, stated by the appellant, was that Clear Channel paid service tax under the same Head in respect of the sale of space of the cantilevers.
 
Reasoning of Judgment: After examining the records and considering the stay order cited by the learned Dy. Commissioner (A.R.) viz. Bhopal City Link Ltd. Vs. Commissioner of Central Excise, Bhopal [2009(15) S.T.R. 301 (Tri-Del) = (2008-TIOL-2089-CESTAT-DEL), Tribunal is of the view that the appellant has no prima facie case on merits. However, they seem to have a case on the ground of limitation.Therefore,Tribunal has not found any specific finding on this plea of bona fide belief, apart from a broad averment to the effect that the belief did not merit consideration. In this scenario, Tribunal are inclined to accept, for the present limited purpose, the plea of limitation advanced by the learned consultant. In the result, there will be waiver of pre-deposit and stay of recovery in respect of the adjudged dues.
 
Decision:- Stay Granted.
 
 
 
 
 
 
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