2011 (3) TMI 665 - AT - Service Tax

Demand - business auxiliary services - as per Section 65(19) of the Finance Act the business auxiliary services has been defined wherein a specific sub-clause (v) is introduced to bring production of goods for or on behalf of the client within the scope of Service Tax levy - process is an integral part of production and keeping the intention of legislation while inserting the word production initially in 65(19) was to levy Service Tax on this activity of production/processing - issue involved in this matter is of interpretation of the statute hence it is fit case to invoke Section 80 of Finance Act to waive penalty - Decided in favour of the assessee

Summary

Issues:
Appeal against confirmation of Service Tax liability on business auxiliary services along with penalty.

Analysis:

Issue 1: Service Tax liability on business auxiliary services
The appellants appealed against the order confirming the Service Tax liability on business auxiliary services along with penalties under Section 76 and 77 of the Finance Act, 1994. The case revolved around the activity of cutting paper into sheets undertaken by the appellants on behalf of their clients. The demand for Service Tax was based on the scope of Section 65(19) of the Finance Act, 1994, which covers the production or processing of goods for or on behalf of the client under business auxiliary services.

Issue 2: Interpretation of taxability
The appellant's advocate argued that the activity of cutting paper into sheets does not amount to manufacture or production as per Section 2(f) of the Central Excise Act, 1944. The advocate contended that the activity only constitutes a process and does not fall under the definition of manufacture or production. The advocate relied on a decision by the Commissioner of Income Tax to support the argument that no penalties should be imposed as it is a case of interpretation of taxability.

Issue 3: Definition of business auxiliary services
The definition of business auxiliary services under Section 65(19) of the Finance Act includes the production or processing of goods for or on behalf of the client. The Departmental Representative argued that cutting paper into sizes, although not amounting to manufacture, falls under the category of production. The contention was made that if production and manufacture were the same, the specific sub-clause (v) of the definition would become redundant.

Judgment
The Tribunal analyzed the definitions of "manufacture" and "production" as per the Central Excise Act and legal interpretations. It was observed that while cutting paper into sheets may not amount to manufacture, it falls under the ambit of production. The Tribunal referred to precedents and definitions to establish that processing of goods is part of production. The Tribunal upheld the demand for Service Tax on the activity of cutting paper into sheets under business auxiliary services. However, considering the matter as an interpretation of the statute, the Tribunal invoked Section 80 of the Finance Act to waive the penalties. The appeal was disposed of with these observations.