TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal Overturns Service Tax Demand on Composite Contract, Grants Consequential Benefits to Appellant.</h1> <h3>Shri Sanjay Kumar Binani Versus Commissioner of Central Excise & Service Tax, Guwahati</h3> Shri Sanjay Kumar Binani Versus Commissioner of Central Excise & Service Tax, Guwahati - TMI Issues involved: The issue involves the classification of services provided by the appellant under different headings for the purpose of Service Tax liability, specifically related to 'Mining Services', 'Cargo Handling Services', and 'Site Formation Services'.Summary of Judgment:Issue 1: Classification of Services and Tax LiabilityThe Appellant provided 'Mining Services' to their client under a composite contract. The department issued a show cause notice for Service Tax under different headings for the period from 11.08.2006 to 18.11.2009. The Appellant admitted liability for Service Tax under 'Mining Services' from 01.07.2007 and paid the dues. The department confirmed the demand under various headings, which the Commissioner(Appeals) upheld. The Tribunal found that the contract did not specify bifurcation of rates for different services, and the Department's vivisection of the contract was unjustified. Citing relevant case laws, the Tribunal held that a composite contract cannot be vivisected for Service Tax liability. The appeal was allowed on merits.Issue 2: Justification of Confirmed DemandThe Department justified the confirmed demand by stating that detailed investigation revealed non-payment of Service Tax by the appellants. The Department claimed that the vivisection and demand notice were based on facts uncovered during the investigation. However, the Tribunal found that the Department's actions were aimed at fastening excess Service Tax demand on the appellant. The Tribunal, after considering the arguments and case laws, set aside the impugned order and allowed the appeal.Separate Judgment: The Commissioner(Appeals) noted relevant case laws cited by the appellant, acknowledging that breaking down 'Mining Service' into several services for tax liability was not legal. However, the Commissioner still held the appellant liable to pay Service Tax under 'Cargo Handling Services' before 06.06.2007. The Tribunal found this contradictory and set aside the impugned order, allowing the appeal and granting the appellant consequential benefits.This summary provides a detailed overview of the judgment, highlighting the key issues, arguments, findings, and outcomes of the case.
TaxTMI 