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Issues involved: Challenge to service tax liability on composite contract for supply of elevators/escalators involving material components and sale of goods u/s Finance Act, 1944.
The appellant contested the imposition of service tax on a composite contract for supply of elevators/escalators, arguing that the contract primarily involved the sale of goods rather than the provision of services. The adjudicating authority determined the service tax liability based on a percentage of the contract value claimed to be the value of service. The appellant sought waiver of predeposit and a decision on the appeal, contending that the contract's substantial value had already been taxed as the sale of goods. The Revenue supported the adjudication order. Upon hearing both parties and examining the records, the Tribunal noted that the adjudication period spanned from June '05 to Sept '07, during which the appellant supplied elevators/escalators as per a contract document. The Tribunal observed that the adjudication order did not thoroughly assess the factual aspect of the goods involved in each contract executed. Emphasizing that the Finance Act, 1994 is not a commodity taxation law, the Tribunal highlighted the need to scrutinize each invoice to determine the taxable service and exclude any sale of goods from taxation. Given the high revenue stake, the matter was remitted to the adjudicating authority for a detailed examination and determination of the levy incidence and quantum in accordance with the law. The Tribunal, considering the complexity of the issues and the importance of a thorough examination, decided to send the matter back to the adjudicating authority for a detailed assessment. The appellant's request for waiver of predeposit was granted, and the adjudicating authority was directed to determine the levy incidence and quantum after providing a fair opportunity for the appellant to present evidence and facts supporting their case. Both the stay application and the appeal were disposed of accordingly.
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