2016 (12) TMI 929 - AT - Service Tax

Tribunal overturns tax demand on business support services, emphasizes correct classification for tax purposes

The Tribunal allowed the appeal, setting aside the service tax demand confirmation and penalties imposed on the appellant. The appellant, providing ... Classification of service - examination of the garments at various stages - Business Support Services or technical inspection and certification - Held that: - Here the appellant is randomly examining the garments at various stages like fabric stage, stitching stage and packing stage, but they are not giving any kind of certification with respect to pre determined standards / characteristics or parameters. When the outcome of the examination / inspection carried out does not result into some certification, the subject services cannot be covered by the services under the category of “technical inspection and certification”. Further, the department has failed to indicate any standards or characteristics or parameters relying on which, if any, certification is being issued by the appellant. The appellant is only giving reports along with their recommendations after making examination of the garments at various stages. So these reports and recommendations which are the outcomes of services rendered by the appellant do not lead to any certification and cannot be covered by the technical inspection and certification services covered under section 65(108) of the Finance Act 1994. Appeal allowed - demand set aside - decided in favor of appellant-assessee. Issues:- Appeal against service tax demand confirmation with penalty- Classification of services under technical inspection and certification or business support services- Applicability of circular and relevant legal definitionsAnalysis:The judgment revolves around an appeal against a service tax demand confirmation with penalties imposed on the appellant, a business providing support services to manufacturers of export garments. The appellant was appointed to verify and examine various stages of garment manufacturing for export. The Department issued a show cause notice for service tax under technical inspection and certification services, contending that the appellant's services fell under this category. The appellant argued that the services should be classified under business support services and relied on a departmental circular from 2003.The definition of 'technical inspection and certification' under section 65(108) was crucial in determining the classification of services. The Tribunal analyzed this definition, emphasizing that certification must relate to predetermined quality standards or parameters. The appellant's random examinations at different production stages did not result in certification based on specific standards. The reports and recommendations provided did not amount to certification, as no predetermined standards were being verified. The Tribunal referred to a previous case to support its interpretation that technical inspection requires adherence to specific standards, not just functionality checks.Ultimately, the Tribunal concluded that the Department's attempt to levy service tax under technical inspection and certification services from 2003 was not legally sustainable. The appellant had been paying service tax under business support services since 2006 when these services became taxable. Citing precedent and legal definitions, the Tribunal set aside the impugned order, allowing the appeal with consequential benefits for the appellant. The judgment highlights the importance of precise classification based on legal definitions and established standards to determine tax liabilities accurately.