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of <h1>Tribunal remands case on service tax levy for single unit houses, considers Finance Act provisions</h1> <h3>Naveen Kumar Versus Commissioner of C. Ex., Jaipur-I</h3> Naveen Kumar Versus Commissioner of C. Ex., Jaipur-I - 2017 (49) S.T.R. 175 (Tri. - Del.) Issues:1. Whether the construction of single unit houses is covered under the service of 'construction of residential complex' for service tax levy.2. Whether the services provided are covered under Section 65(105)(zzza) or Section 65(91a) of the Finance Act, 1994.3. Whether the decisions cited by the appellant support their argument.4. Whether the impugned order failed to consider relevant facts regarding the construction of single unit residential housing.5. Whether the construction of a milk parlour for a State Govt.'s Enterprise exempts liability to service tax.Analysis:Issue 1:The appellant argued that the construction of single unit houses does not fall under the service of 'construction of residential complex' for service tax levy as it is meant for buildings with more than 12 residential units. The Tribunal found that the Commissioner failed to consider this fact, leading to the decision to set aside the impugned order for a fresh examination of the matter.Issue 2:The appellant contended that the services provided were not covered under Section 65(105)(zzza) or Section 65(91a) of the Finance Act, 1994. The Tribunal noted the appellant's argument and decided to remand the matter for a reexamination of all facts and documents, giving the appellant an opportunity for a personal hearing.Issue 3:The appellant cited various decisions to support their argument, including Macro Marvel Projects Ltd. v. CST, A.S. Sikarwar v. CCE, and a CESTAT decision in the case of M/s. Indrajeet Singh Jadourn v. CCE. The Tribunal acknowledged these citations and decided to set aside the impugned order for a fresh examination of the case.Issue 4:The Tribunal observed that the impugned order failed to consider crucial facts, such as the nature of construction of single unit residential housing and the construction of a milk parlour for a State Govt.'s Enterprise. As a result, the Tribunal set aside the order and remanded the matter for a reevaluation of all facts and a proper examination of the appellant's arguments.Issue 5:Regarding the construction of a milk parlour for a State Govt.'s Enterprise, the Tribunal noted that the impugned order did not examine the appellant's argument that the State Govt.'s Enterprise is not a commercial organization, potentially exempting the construction from service tax liability. Consequently, the matter was remanded for a fresh decision after considering all relevant facts and documents.
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