2009 (5) TMI 824 - AT - Service Tax

Summary

Issues:
1. Appellants' application for waiver of pre-deposit of Service Tax and penalty amount.
2. Nature of work undertaken by the appellants and its classification for tax purposes.
3. Previous decisions in similar cases and their impact on the current dispute.
4. Time-bar argument raised by the appellants.
5. Revenue's contention regarding the liability of the appellants for Cargo Handling Services and the demand amount.

Analysis:

1. The appellants filed an application seeking a waiver of pre-deposit of Service Tax and penalty amount totaling Rs. 64,04,447/-, contending that they are not liable for the demand raised by the Revenue for providing cargo-handling services.

2. The appellants argued that the work undertaken by them under specific contracts with M/s. Mahanadi Coalfields Ltd. does not fall under Cargo Handling Services but rather involves activities like extraction and transfer of coal, mechanical transfer and transportation of coal, and hiring of pay loaders for coal transfer into wagons. The Revenue, however, classified these activities as Cargo Handling Services, leading to the demand for Service Tax.

3. In the past, the Commissioner (Appeals) and the Tribunal have delivered conflicting decisions in similar cases related to the nature of work performed by the appellants. While the Commissioner (Appeals) dropped the demand treating the service as mining service for one contract, the Tribunal in the appellants' own case set aside the demand for another contract. Additionally, a Tribunal decision in a separate case favored the Revenue, creating a mixed precedent scenario.

4. The appellants raised a time-bar argument, suggesting that the demand may be beyond the statutory limitation period for recovery, adding complexity to the dispute.

5. The Revenue maintained that the appellants are indeed providing taxable Cargo Handling Services, and therefore, are liable to pay the disputed amount. Considering the previous decisions, the Tribunal directed the appellants to pre-deposit Rs. 11.00 lakhs within eight weeks, while waiving the pre-deposit for the remaining amount of Service Tax and penalties. The recovery of the waived amount was stayed pending the appeal process.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, previous legal precedents, and the final decision rendered by the Tribunal.