2012 (3) TMI 253 - AT - Customs

Determination of nature of the activity - repair and maintenance of an existing asset or industrial and commercial construction Held that - Tribunal has already delivered its judgment on liveability of service tax on works contract in cases like Alstom Projects India Ltd. vs. CST, Delhi (2011 - TMI - 206129 - CESTAT, New Delhi), and in Instrumentation Ltd. vs. CCE, Jaipur I (2011 - TMI - 206162 - CESTAT, New Delhi). Therefore the authority shall taking into consideration all the averments of the appellant with evidence before him pass order. Appellant is directed to appear before the Adjudicating Authority within stipulated time Stay & appeal disposed.

Summary

Issues:
1. Nature of activity - repair and maintenance or industrial and commercial construction.

Analysis:
The Appellate Tribunal CESTAT, New Delhi, in the present case, dealt with a dispute concerning whether the activity carried out should be classified as repair and maintenance or industrial and commercial construction. The Tribunal noted that similar cases had been considered recently, emphasizing the importance of determining the nature of the activity in question. The Tribunal heard the arguments presented by the Learned A.R. for Revenue and decided not to keep the appeal pending, remitting the matter back to the Adjudicating Authority for a fresh adjudication. The Tribunal outlined specific aspects that the Adjudicating Authority should consider during the re-adjudication process. These aspects included analyzing the work order in detail to determine the nature of the activity, clarifying whether the activity involved repair and maintenance of an existing asset or the creation of a new asset or structure, and granting any permissible concessions under the law.

The Tribunal directed the Adjudicating Authority to consider the appellant's submissions and evidence, taking into account relevant judgments such as Alstom Projects India Ltd. vs. CST, Delhi, and Instrumentation Ltd. vs. CCE, Jaipur I. The Adjudicating Authority was instructed to issue a reasoned and speaking order, clearly addressing any levy under the law based on the evidence and arguments presented. The appellant was directed to appear before the Adjudicating Authority within a month of receiving the order and apply for a hearing date. Ultimately, the Tribunal disposed of the stay application and appeal in accordance with the directions provided for the re-adjudication of the matter, ensuring a thorough examination of the nature of the activity and the applicable legal principles.