2025 (12) TMI 820 - AT - Service Tax

Tobacco threshing not Business Auxiliary Service; no GTA reverse charge without consignment notes; service tax demand quashed

CESTAT set aside the impugned order and allowed the assessee's appeal in toto. It held that threshing and re-drying of tobacco leaves, resulting in ... Taxability of threshing and re-drying of tobacco leaves, resulting in unmanufactured tobacco under Business Auxiliary Services - Levy of service tax on GTA Service on freight charges paid on transportation of tobacco leaves which is an agricultural produce for auction platform to the plant/ godown/ gardening points. Taxability of threshing and re-drying of tobacco leaves, resulting in unmanufactured tobacco under Business Auxiliary Service - HELD THAT:- This Tribunal dropped the demands in M.L. AGRO PRODUCTS LTD. VERSUS COMMISSIONER OF CUS., C. EX. & S.T., GUNTUR [2017 (2) TMI 1355 - CESTAT HYDERABAD]. The Revenue’s appeal against such order before Hon’ble Supreme Court the Hon’ble Supreme Court dismissed the revenue appeal in COMMISSIONER OF CUSTOMS, CENTRAL EXCISE & SERVICE TAX VERSUS M.L. AGRO PRODUCTS LTD. ETC. ETC. [2018 (7) TMI 1581 - SC ORDER]. Therefore this issue already decided up to Supreme Court - the demand relating as well as interest and imposition of penalties is not sustainable. Levy of service tax on GTA Service on freight charges paid on transportation of tobacco leaves which is an agricultural produce for auction platform to the plant/ godown/ gardening points - HELD THAT:- The appellant engages local transport vehicles whenever transportation is required. These private truck operators do not issue any consignment note or any other document for undertaking the transportation. Since, the transporters did not issue any consignment notes or any other transport documents in any form in lieu of consignment note. Therefore, in the absence of issue of any document covering transportation of goods, the transporter does not become a GTA and hence, the reverse charge on the appellant does not arise - Now it is settled issue that where there is no consignment note in GTA service. The Department of Service Tax does not survive, therefore, impugned order relating to GTA service also not sustainable. There are no merit in the impugned order, therefore, appeal is liable to allowed. 1. ISSUES PRESENTED AND CONSIDERED 1.1 Whether threshing and re-drying of tobacco leaves, resulting in unmanufactured tobacco, are taxable under 'Business Auxiliary Service' or constitute an exempt activity in relation to agriculture. 1.2 Whether Service Tax under reverse charge on freight paid for transportation of tobacco leaves is payable under 'Goods Transport Agency' service when local transporters do not issue consignment notes or equivalent transport documents. 2. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Taxability of threshing and re-drying of tobacco leaves under Business Auxiliary Service Legal framework (as discussed) 2.1 The activity in question is threshing and re-drying of tobacco leaves on job work basis, the resultant product remaining 'unmanufactured tobacco', treated as an 'agricultural produce'. 2.2 Exemption claimed under Notification No. 14/2004-ST dated 10.09.2004, covering activities 'in relation to agriculture'. 2.3 CBIC Circular No. 143/12/2011-ST dated 26.05.2011 clarified that threshing and re-drying operations on tobacco leaves are in relation to agriculture. 2.4 The Tribunal, in a prior common order, held that such threshing and re-drying are not liable to Service Tax under 'Business Auxiliary Service', and the Revenue's appeal thereagainst was dismissed by the Supreme Court. Interpretation and reasoning 2.5 The Tribunal noted that the activity performed results in unmanufactured tobacco, which continues to be an agricultural produce and falls within activities 'in relation to agriculture'. 2.6 Relying on the earlier common order, as affirmed by the Supreme Court, the Tribunal reiterated that the activity of threshing and re-drying of tobacco leaves is in relation to agriculture and is not exigible to Service Tax under 'Business Auxiliary Service', both prior to and after introduction of the negative list on 01.07.2012. 2.7 The Tribunal recorded that the appellant's case for the period in dispute was covered in the earlier common order, and there was no basis to take a different view. Conclusions 2.8 The activity of threshing and re-drying of tobacco leaves is an activity 'in relation to agriculture' and not taxable as 'Business Auxiliary Service'. 2.9 The demand of Service Tax, interest, and penalties under this head is unsustainable and stands set aside. Issue 2 - Liability under Goods Transport Agency (GTA) service in absence of consignment note Legal framework (as discussed) 2.10 The demand pertains to Service Tax on freight paid for transportation of tobacco leaves (agricultural produce) from auction platform to plant/godown/gradation points, invoking reverse charge under 'Goods Transport Agency' service. 2.11 'Goods Transport Agency' is defined under Section 65(50b) of the Finance Act, 1994, as a person who provides service in relation to transport of goods by road and issues a consignment note, by whatever name called. Interpretation and reasoning 2.12 The Tribunal recorded that the appellant engaged local private trucks for transportation and that such transporters did not issue any consignment note, bill, or other document assuming responsibility for the goods in transit. 2.13 On the admitted fact that no consignment note or any document in lieu thereof was issued, the Tribunal held that such transporters do not fall within the statutory definition of 'Goods Transport Agency'. 2.14 The Tribunal relied on a series of decisions holding that, in the absence of a consignment note, the service provider cannot be considered a GTA and Service Tax liability under GTA (including under reverse charge) does not arise. Conclusions 2.15 In the absence of issuance of consignment notes or equivalent transport documents, the local transporters engaged are not 'Goods Transport Agencies' within the meaning of Section 65(50b). 2.16 No Service Tax liability under reverse charge arises on the appellant for the impugned freight charges, and the demand, interest, and penalties under GTA service are unsustainable and are set aside. 2.17 Consequently, the entire impugned order lacks merit and the appeal is allowed in full.