2013 (12) TMI 1638 - AT - Service Tax

Summary

Issues involved: Classification of service for harvesting and transportation of sugar cane under Manpower Supply Service or Business Auxiliary Service.

In the present case, the Appellate Tribunal CESTAT, Mumbai considered appeals against two orders passed by the Commissioner of Central Excise, Customs & Service Tax, Aurangabad and Pune III. The issue revolved around whether the service of harvesting and transportation of sugar cane should be classified as Manpower Supply Service, leading to a demand of service tax. The appellants argued that previous decisions by the Tribunal had established that such services should be categorized under Business Auxiliary Service, not Manpower Supply Service. The Revenue, represented by the Additional Commissioner, maintained the position taken by the adjudicating authority.

The Tribunal, in line with previous decisions, ruled in favor of the appellants. Citing precedents such as Amrit Sanjivni Sugarcane Transport Co. Pvt. Ltd., Samarth Sevabhavi Trust, and Bhogavati Janseva Trust, the Tribunal concluded that the services in question were not appropriately classified under Manpower Supply Service but rather under Business Auxiliary Service. Consequently, the impugned demands for service tax were deemed unsustainable in law, and the appeals were allowed with any necessary consequential relief as per the law. The appeals were allowed, and any stay applications were also disposed of accordingly.