2009 (4) TMI 783 - AT - Service Tax

Business Auxiliary Service - scope of - job-work - interpretation of words for and on behalf of another person

Summary

Issues: Demand of service tax, penalty under Sections 76 and 78 of the Finance Act, 1994, penalty under Section 77 of the Act, interest on service tax due, interpretation of Business Auxiliary Service (BAS) definition.

Analysis:
The judgment by the Appellate Tribunal CESTAT CHENNAI dealt with the demand of service tax, penalties, and interest imposed on M/s. Veesons Energy Systems (P) Ltd. The impugned order affirmed a service tax demand of Rs. 48,470 from the appellants, along with penalties under Sections 76 and 78 of the Finance Act, 1994, and Rs. 1,000 under Section 77 of the Act. The Commissioner (Appeals) upheld the demand of interest on the service tax due. The Revenue contended that the appellants, during a specific period, had undertaken job work of processing goods on behalf of another company, which fell under the definition of Business Auxiliary Service (BAS). However, the appellants argued that the definition of BAS was expanded to cover activities undertaken "for" another person from a later date, and thus the service tax was not applicable to their activity during the period in question.

In the appeal, the consultant for the appellant reiterated the grounds and presented a copy of a Tribunal Stay Order from 2009, which supported the appellant's position. The Tribunal in the cited decision had noted that the scope of BAS was broadened from a specific date to include activities rendered "for and on behalf of" another person, as opposed to only "on behalf of" another person as previously understood. Consequently, the Tribunal found that the appellants had established a prima facie case against the demand and penalties. Therefore, the Tribunal ordered a waiver of predeposit and stayed the recovery of the adjudged dues as per the impugned order.

This judgment highlights the importance of the interpretation of statutory definitions, specifically the definition of Business Auxiliary Service, in determining the applicability of service tax. The Tribunal's decision to consider the expanded scope of BAS from a certain date and its impact on the tax liability of the appellants demonstrates the significance of legal clarity and precision in tax matters. The reliance on precedent and legal interpretations in reaching a favorable decision for the appellants underscores the role of legal arguments and supporting evidence in tax disputes before the Tribunal.