2011 (5) TMI 803 - AT - Service Tax

Waiver of pre-deposit - Cargo Handling Services Held that - labelling or re-labelling of containers or repacking from bulk packs to retail packs shall amount to manufacture. As they are deemed manufacturer, as per the special definition, they are incidentally handling the incoming raw materials and the outgoing final products and such activities cannot be treated as cargo handling services, pre-deposit of dues waived

Summary

Issues:
1. Whether the activities of receiving oil in bulk and packaging materials for repacking constitute Cargo Handling Services for service tax purposes.

Analysis:
The case involved a dispute regarding the classification of activities undertaken by the applicant, who received oil in bulk along with packaging materials for repacking into retail packs. The authorities below had classified the applicant's activities as Cargo Handling Services, resulting in a demand for service tax, interest, and penalties under the Finance Act, 1994. The applicant contended that their activities should be considered as manufacturing, relying on Note 5 of Chapter 15, which states that repacking from bulk packs to retail packs amounts to manufacture. The applicant argued that they should be deemed manufacturers under a special definition, as they were handling incoming raw materials and outgoing final products incidentally, not providing cargo handling services.

The learned advocate for the appellant drew attention to the relevant legal provision and argued that the activities undertaken by the applicant should be classified as manufacturing, not as cargo handling services. The Tribunal, after hearing both parties, prima facie agreed with the submissions made by the advocate. The Tribunal held that the activities of the applicant amounted to manufacturing as per the definition provided in Note 5 of Chapter 15, and therefore, the applicant could not be considered as having rendered Cargo Handling Services. Consequently, the Tribunal waived the pre-deposit of dues as per the impugned order and stayed the recovery of the amount demanded until the appeal was disposed of. The judgment clarified the distinction between cargo handling services and manufacturing activities based on the specific facts and legal provisions applicable in the case.

In conclusion, the Tribunal's decision focused on the interpretation of the relevant legal provisions to determine the nature of the applicant's activities. By considering the specific definition of manufacturing provided in Note 5 of Chapter 15, the Tribunal concluded that the activities in question should be classified as manufacturing, not as cargo handling services. The judgment provided clarity on the classification of such activities for service tax purposes and highlighted the importance of understanding the legal definitions and implications in such cases.