2013 (2) TMI 611 - AT - Service Tax

Tribunal Waives Service Tax Demand for Road Activities, Citing Classification Debate

The Tribunal granted waiver and stay for the appellant's service tax demand related to activities on roads, emphasizing the debatable nature of ... Management, Maintenance or Repair Service - period from 16-6-2005 to 30-9-2008 - activities connected with roads, which included repairs, restoration, improvement and re-asphalting of the existing roads - held that:- The rival contentions with reference to the definition of the three services viz. ‘commercial or industrial construction service’, ‘works contract service’ and ‘management, maintenance or repair service’ indicate that the question whether the roads repaired/renovated/maintained/asphalted by the appellant could be considered to be an ‘immovable property’ within the meaning of this expression found in the definition of ‘management, maintenance or repair service’ is highly debatable. - stay granted Issues:Waiver and stay in respect of service tax demand for activities connected with roads.Analysis:The appellant sought waiver and stay regarding a service tax demand of over Rs. 1.87 crores for activities related to roads classified as 'Management, Maintenance or Repair Service.' The appellant argued that the activities should fall under 'Commercial or Industrial Construction Services' but for an exclusion clause. Reference was made to the definition of 'works contract' and 'management, maintenance or repair service' to support the contention that the activities did not fit the definitions. Circulars and previous orders were cited to strengthen the case. The appellant claimed that the demand should not exceed Rs. 19.87 lakhs, and part of it was time-barred. The plea for waiver and stay was based on these grounds.The Commissioner (AR) countered, citing a Circular and Notification to argue that the Government did not intend to exclude service tax on 'management, maintenance or repair of roads.' The Commissioner relied on relevant definitions to support this argument.After considering the submissions, the Tribunal noted that similar relief had been granted to other parties in the past. The debate centered on whether the activities on roads could be classified as 'immovable property' under the definition of 'management, maintenance or repair service.' The Tribunal found this issue highly debatable and subject to further discussion at the final hearing stage. While the notification indicated the Government's intention not to exclude the service from tax levy, the Tribunal emphasized that interpretations should not solely rely on notifications. Given the complexity of the issue, following past precedents, the Tribunal granted waiver and stay on the adjudged dues for the appellant.In conclusion, the Tribunal granted waiver and stay for the appellant's service tax demand related to activities on roads, highlighting the debatable nature of classifying the activities under 'management, maintenance or repair service.' The decision was based on precedents and the need for further deliberation on the substantive issue.