2010 (4) TMI 666 - AT - Service Tax

Waiver of pre-deposit shifting of semi-finished goods and waste within the factory premises and putting them into recycling unit taxability Held that - activity will not fall under the category of cargo handling services as the definition of cargo handling services does not include this activity facts appreciated Application for waiver of pre-deposit of the balance amounts involved is allowed

Summary

Issues:
Service tax liability on the appellant in respect of cargo handling services.

Analysis:
The case revolves around the Service tax liability concerning cargo handling services. The revenue contends that the shifting of semi-finished goods and waste within the factory premises by the appellant constitutes "cargo handling services." However, the appellant argues that this activity does not fall under this category as per the definition. Reference is made to a previous case where it was held that the movement of semi-finished goods inside the factory premises does not qualify as cargo handling. The appellant is registered under "Manpower Supply Services" and "Business Auxiliary Services" and has already discharged the Service tax liability for those services. An amount of Rs. 67.54 lakhs out of the total liability of Rs. 81.23 lakhs has been deposited by the appellant during the proceedings.

Upon hearing both sides and examining the records, the Tribunal acknowledges that the central issue is whether the appellant's activity falls under the classification of cargo handling services. The Tribunal refrains from reaching a definitive conclusion at this stage, noting that a thorough assessment of the facts is necessary during the final hearing. Considering that the appellant has already deposited Rs. 67,54,517/- towards the Service tax liability of Rs. 81,23,423/-, the Tribunal deems this amount sufficient to proceed with the appeal. The Tribunal allows the application for waiver of pre-deposit for the remaining balance and stays the recovery until the appeal is resolved.

In conclusion, the Tribunal has granted the appellant's request for waiver of pre-deposit for the outstanding amounts related to the Service tax liability on cargo handling services. The decision to allow the appeal to proceed without further deposit was based on the amount already paid by the appellant and the need for a comprehensive evaluation of the facts during the final hearing. The Tribunal has stayed the recovery of the balance amounts until the appeal is finally disposed of.