2014 (12) TMI 284 - AT - Service Tax

Appellant granted waiver for misclassified services under Finance Act, 1994

PRADEEP ENTERPRISE Versus COMMISSIONER OF CENTRAL EXCISE, RAJKOT

The Tribunal allowed the appellant's application for waiver of pre-deposit of Service Tax liability, interest, and penalties for the period 2004-2005 to ... Waiver of pre-deposit - cargo handling services - Held that:- Appellant had undertaken to manufacture complete Colour Television in the factory of M/s. Genus Electrotech Ltd. The agreement and the bills which have been raised by the appellant indicate that they were charging them for manufacture of Colour Television production while show cause notice direct them to show cause as to why the said services be not included under the category of cargo handling services. On mere perusal of the definition of cargo handling service as provided in Section 65(23) of Finance Act, 1994, we find that the services rendered by the appellant would not fall under the category of cargo handling services, as it is undisputed that the said services of the appellant were rendered within the factory premises. Prima facie, the services rendered by the appellant will not fall under the category of cargo handling services. appellant has made out a strong prima facie case for waiver of the pre-deposit of the amounts involved. Accordingly, application for waiver of pre-deposit of amounts involved is allowed and recovery thereof stayed till the disposal of appeal. - Stay granted. Issues:Waiver of pre-deposit of Service Tax liability, interest, and penalties under various sections for the period 2004-2005 to 2009-2010 based on the classification of services provided as cargo handling services.Analysis:The appellant filed a stay petition seeking waiver of pre-deposit of an amount confirmed as Service Tax liability, interest, and penalties. The dues were confirmed for the period 2004-2005 to 2009-2010, alleging that the appellant provided cargo handling services. After hearing both sides and examining the records, it was observed that the appellant had undertaken to manufacture Colour Television in the factory of another company. The bills raised by the appellant indicated charges for manufacturing, not for cargo handling. The definition of cargo handling services under Section 65(23) of the Finance Act, 1994 was scrutinized. It was concluded that the services provided by the appellant, conducted within the factory premises, did not fall under the category of cargo handling services. Therefore, prima facie, the services were not classified as cargo handling services.The Tribunal held that the appellant had established a strong prima facie case for waiver of the pre-deposit of the amounts involved. Consequently, the application for waiver of pre-deposit was allowed, and the recovery of the amounts stayed pending the disposal of the appeal. The decision was made based on the understanding that the services rendered by the appellant did not qualify as cargo handling services as defined by the relevant legislation. The ruling emphasized the importance of examining the nature of services provided and their alignment with the statutory definitions to determine tax liabilities accurately.This judgment highlights the significance of correctly categorizing services to determine tax liabilities. The analysis focused on the specific definition of cargo handling services under the Finance Act, 1994, emphasizing that services provided within factory premises for manufacturing purposes do not automatically fall under the category of cargo handling services. The decision to grant a waiver of pre-deposit was based on the understanding that the appellant's services were misclassified, warranting relief from the initial tax liability. The ruling underscores the necessity for a thorough examination of the nature of services to ensure accurate taxation and compliance with relevant legal provisions.