2016 (10) TMI 877 - AT - Service Tax

Tribunal directs refund for aircraft up-gradation ruling.

The Tribunal, in the case involving M/s Hindustan Aeronautics Limited, determined that the up-gradation of aircrafts did not qualify as Maintenance & ... Refund of amount deposited as Service Tax on account of Maintenance & Repair Services - classification of services - Maintenance & Repair Services - upgradation of aircraft - Held that: - the up-gradation activity undertaken by M/s Hindustan Aeronautics Limited, the same did not amount to providing of service for Maintenance & Repair Services. Therefore, the amount deposited by M/s Hindustan Aeronautics Limited, in respect of which they sought refund was not due to exchequer as Service Tax. Therefore, we direct the Original Authority to refund the amount deposited as Service Tax on account of Maintenance & Repair Services in respect of the activity by M/s Hindustan Aeronautics Limited for up-gradation of aircrafts which were undertaken by them on behalf of Establishments of Defence of Government of India through said four contracts. M/s Hindustan Aeronautics Limited, may submit a copy of this order to the Office of the Original Authority and on receipt of such copy in the Office of Original Authority, the Original Authority shall allow the application for refund within sixty days - appeal allowed - decided in favor of appellant. Issues:Refund of Service Tax under Maintenance & Repair Services for up-gradation of aircrafts - Classification of activity as Maintenance & Repair Services or manufacturing - Rejection of refund claim by Original Authority and Commissioner (Appeals) - Duty of Original Authority to examine evidence before rejecting refund claim - Direction for refund by the Tribunal.Analysis:The appeal before the Appellate Tribunal CESTAT ALLAHABAD involved the issue of refund of Service Tax under Maintenance & Repair Services for the up-gradation of aircrafts by M/s Hindustan Aeronautics Limited. The appellant had initially paid a significant amount for the up-gradation of Defence Aircrafts, treating it as Service Tax payable under Maintenance & Repair Services. However, they later realized that the activity did not fall under this category but was related to manufacturing. The dispute arose when the Deputy Commissioner proposed to reject the refund claim, considering the activities as falling under Maintenance & Repair Services. The Original Authority rejected the refund application, stating that the appellant had voluntarily deposited Service Tax and citing discrepancies in contract numbers. The Commissioner (Appeals) upheld this decision, leading to the appeal before the Tribunal.The Tribunal considered the arguments presented by both parties and reviewed the findings of the Original Authority. It noted that the Original Authority failed to establish that the activity undertaken by M/s Hindustan Aeronautics Limited amounted to Maintenance & Repair Services. The Tribunal criticized the Original Authority for not examining the evidence properly before rejecting the refund claim. It was deemed the responsibility of the Original Authority to base decisions on contracts and connected invoices. As a result, the Tribunal concluded that the up-gradation activity did not constitute a service for Maintenance & Repair Services, and the amount deposited as Service Tax was not due to the exchequer. Therefore, the Tribunal directed the Original Authority to refund the amount deposited by the appellant for up-gradation of aircrafts within sixty days. The appeal was allowed, and the Tribunal appreciated the assistance provided by the appointed Advocate in reaching this decision.