Issue involved:

The appellant were were engaged in rendering services, inter alia, of job work/production of goods on behalf client. Nature of service was:

"The compressed gas was supplied in bulk in gas tankers by HPCL which was unloaded in big tankers in the bottling plant and gas drawn there from was compressed to the same pressure for the purpose of refilling it in small HPCL cylinders."

Department has confirmed the service tax under business auxiliary service category. Whereas the appellant has contested the stand of department and argues that since the packing service was brought into tax net with effect from 16-6-2005, the same should be taxable under new category.

Findings and Decision:

Ld. Commissioner (Appeals) has held that:

"As the name of the services suggests "Packaging" implies packing of some goods which are already in existence. As the above definition would reveal that the exclusion clause in these services is that if "Packaging activity" amount to manufacture within the definition under Section 2(f) of the Central Excise Act, 1944, the same would not be liable to service tax. The word "packaging" in its plain meaning does not imply the manufacture/production of goods, but by virtue of Chapter Notes such activity i.e. Packaging has been covered as amounting to manufacture in respect of some commodities in the Central Excise Tariff Act. Thus it will be seen that "Packaging activity" which includes bottling also generally do not amount to production of goods. This being the position, it is to be seen if such activity can be covered under the category "Business Auxiliary Services" as production of goods by the appellants on behalf of their clients

………………. And as such confirmation of demand of service tax under the category "Business Auxiliary Services" cannot be sustained" 

For full text of judgment - Visit 2008 -TMI - 2924 - COMM. (A)

Also see: - Service Tax Ready Reckoner

Business Auxiliary Service

Packing Services

Packaging service classification leads to non-sustainment of business auxiliary service demand for bottling job work. The Commissioner (Appeals) held that packaging ordinarily denotes packing of goods already in existence and, in its plain meaning, does not amount to manufacture; bottling and similar packaging activities generally do not amount to production. Applying this to the appellant's bottling and refilling of compressed gas, the Commissioner concluded that confirmation of the service tax demand under the Business Auxiliary Service category could not be sustained.