SIS Limited Vs Pr. Commissioner of C.G.S.T. and Central Excise (CESTAT Kolkata)
CESTAT Kolkata considered an appeal against Order in Original No. 03/ST/Commissioner/2024 dated 16.01.2024, which confirmed Service Tax demand of Rs.34,63,730/- with interest while dropping the remaining demand of over Rs.6.45 crores out of Rs.6,79,14,092/-. The Show Cause Notice dated 18.10.2019 covered 2014-15 to 2016-17. The appellant contended that pre-Show Cause Notice consultation was mandatory for demands above Rs.50 lakhs under the Board’s Instruction dated 21.12.2015 and Circular No.1053/02/2017-CX dated 10.03.2017, whereas Circular No.1079/03/2021-CX dated 11.11.2021 subsequently made consultation non-mandatory for specified suppression-related cases. The Tribunal held that the 2017 Circular did not distinguish suppression and non-suppression cases and that the 2021 Circular could not retrospectively alter the position. It relied upon L AND T Hydrocarbon Engineering Ltd. v. Union of India and Jay Mahakali Industrial Service Versus Union of India. The Tribunal also noted that about 95% of the demand had been dropped and the Revenue filed no appeal against that portion. It held that pre-consultation had not been followed and set aside the confirmed demand of Rs.34,63,730/- along with interest and penalty, with consequential relief, if any, as per law.
Cases Discussed
- M/s. Munna Construction v. Commissioner of C.Ex. & S.T., Jamshedpur [Final Order No. 77625 of 2024 dated 22.11.2024 in Service Tax Appeal No. 76359 of 2014 (CESTAT, Kolkata)]
- M/s. Arya Logistics v Commissioner of C.Ex. & S.T., Rajkot [Final Order No. 11700 of 2023 dated 17.08.2023 in Service Tax Appeal No. 12389 of 2014 (CESTAT, Ahmedabad)]
- M/s. Balajee Machinery v Commissioner of C.G.S.T. & Excise, Patna-II [2022 (66) GSTL 440 (Tri.-Kol)]
- Suchitra Components v Commissioner of C.Ex., Guntur [2007 (208) E.L.T. 321 (S.C.)]
- Macnair Exports Pvt. Ltd. v CC [2002(142) E.L.T. 593 (Tri-Bang)]
- Jay Mahakali Industrial Service Versus Union of India [(2025) 29 Centax 353 (Guj.)]
- L AND T Hydrocarbon Engineering Ltd. v. Union of India [2022 (4) TMI 70]
- Amadeus India Pvt Ltd v. Principal Commissioner [2019-TIOL-1027-HC-DEL-ST]
FULL TEXT OF THE CESTAT KOLKATA ORDER




