2015 (10) TMI 2484 - HC - Service Tax

Waiver of pre-deposit - Works contract - Appellant contended that the submissions made by him are not merited consideration by CESTAT - Held that - since the submissions have not merited consideration by the CESTAT, the impugned order should be set aside and the issue concerning the pre-deposit should be considered afresh by the CESTAT. - Matter remanded back

Summary

Issues:
Appeal against order rejecting waiver of pre-deposit by CESTAT, classification of service as works contract, consideration of Supreme Court decision on composite works contract, non-consideration of submissions by CESTAT, setting aside impugned order for fresh consideration of pre-deposit issue.

Analysis:
The appellant filed an appeal against the order of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rejecting their application for waiver of pre-deposit. The appellant argued that the service provided by them should be classified as a works contract, a point not considered by the Commissioner or the CESTAT in the original order. The appellant highlighted a specific ground regarding the correct classification of services, which was not addressed by the authorities. Additionally, the appellant referred to a Supreme Court decision recognizing the need to distinguish between the value of goods and services in a composite works contract for the levy of service tax.

The Court acknowledged that the submissions made by the appellant were not considered by the CESTAT and deemed it necessary to set aside the impugned order for fresh consideration of the pre-deposit issue. The Court directed that both the appellant and the Department could submit relevant documents related to the classification of services as a works contract. The Court ordered a reevaluation of the appellant's application for waiver of pre-deposit based on merit and in accordance with the law.

In conclusion, the Court disposed of the appeal and the application in the mentioned terms, providing a copy of the order to the parties. The judgment emphasized the importance of considering all relevant submissions and documents in determining the classification of services and the issue of pre-deposit in accordance with the law.