2009 (3) TMI 873 - Commissioner - Service Tax

Summary

Issues involved: Determination of liability to service tax on construction and repair services provided by the appellant.

Summary:
The appellant, a construction contractor, was investigated for alleged evasion of service tax on construction and repair services provided to various clients. The appellant agreed to pay service tax on commercial construction but disputed the tax liability on repair services for roads, claiming exemption under the Finance Act, 1994. The adjudicating authority confirmed the demand for repair services, citing specific processes not carried out by the appellant. The appellant contended that the repair of roads is exempted from tax under Section 65(25b) of the Finance Act, 1994.

Upon review, the Commissioner found that repair services provided in respect of roads are explicitly excluded from tax liability under the Act. The definition of Commercial or Industrial Construction Service excludes services provided in respect of roads, supporting the appellant's claim for exemption. The Commissioner also noted that the appellant had not collected service tax from clients where it was reimbursable, indicating no intent to evade tax. The appellant promptly paid the tax upon becoming aware of the liability, demonstrating a bona fide error in interpretation.

Consequently, the Commissioner ruled in favor of the appellant, setting aside the tax demands and penalties imposed under the Finance Act, 1994. The appellant was directed to pay interest on the confirmed amounts, acknowledging their liability in that regard.