Equipment-hire service tax: taxable machinery rentals attract extended limitation where registration and returns are omitted.
Hiring hot-mix plants, paver machines and accessories under agreements for consideration constitutes supply of tangible goods rather than construction, repair or road-maintenance services; the relevant construction and public-works exemptions therefore do not apply. Where service tax is not separately collected, taxable value is computed on a cum-tax basis. Threshold exemption is unavailable if preceding-year taxable turnover exceeds the prescribed limit. Failure to obtain registration or file returns despite taxable turnover above that limit, without a plausible explanation or bona fide belief, constitutes suppression with intent to evade tax. That conduct permits extended limitation and attracts the statutory equal penalty, while time-barred periods remain excluded.
Issues: (i) Whether receipts for hiring hot-mix plants, paver machines and accessories qualified for exemption as construction or road-maintenance services; (ii) Whether the threshold exemption was available for the relevant financial year; (iii) Whether invocation of the extended period of limitation and imposition of penalty for the surviving demand were valid.
Issue (i): Whether receipts for hiring hot-mix plants, paver machines and accessories qualified for exemption as construction or road-maintenance services.
Analysis: The agreements characterised the services as supply of tangible goods for mutually agreed consideration, rather than construction, repair, or maintenance of roads, drains or other public works. Such equipment-rental services did not fall within Entry Nos. 12(e) or 13(a) of Notification No. 25/2012-ST dated 20.06.2012. Since service tax had not been separately collected, the cum-tax benefit under Section 67(2) of the Finance Act, 1994 was applicable in computing the surviving taxable value.
Conclusion: The equipment-rental receipts were taxable and were not eligible for the claimed exemption, against the assessee.
Issue (ii): Whether the threshold exemption was available for the relevant financial year.
Analysis: The taxable turnover from supply of tangible goods during the preceding financial year was Rs. 39,34,204, exceeding the prescribed threshold of Rs. 10,00,000. The condition for claiming the threshold exemption under Notification No. 33/2012-ST was therefore not met.
Conclusion: The threshold exemption was unavailable, against the assessee.
Issue (iii): Whether invocation of the extended period of limitation and imposition of penalty for the surviving demand were valid.
Analysis: The earlier appellate finding that the demand for 2015-16 was time-barred remained undisturbed. For the surviving demand, the assessee had neither obtained registration nor filed returns despite providing taxable services above the exemption threshold, and offered no plausible explanation or bona fide belief for the non-compliance. These circumstances established suppression with intent to evade payment of service tax, justifying the extended period under the proviso to Section 73(1) of the Finance Act, 1994. Penalty under Section 78 consequently followed.
Conclusion: The extended period and the equal penalty on the surviving service-tax demand were valid, against the assessee.
Final Conclusion: The reduced service-tax liability for the taxable equipment-rental services, together with applicable interest and equal penalty, remains enforceable.
Ratio Decidendi: Failure to obtain registration or file returns despite taxable turnover exceeding the exemption threshold constitutes suppression permitting extended limitation and the consequential penalty under Section 78 of the Finance Act, 1994.