2011 (10) TMI 503 - AT - Service Tax

Service tax on sub contractor - The appellant is a service provider registered with the service tax department for services under the categories of Maintenance or Repair Consulting Engineering etc - Held that assessees have now produced certificate dt. 9.11.2010 from the main contractor that they had paid service tax on the amount received by them from CPCL as sub-contractor. This document could not be produced either before the adjudicating authority or the lower appellate authority due to strained relationship between the assessee and the main contractor - Appeal is allowed by way of remand to adjudicating authority

Summary

Issues:
1. Liability of service tax as a sub-contractor for maintenance services.
2. Failure to establish link between service and payment of service tax.
3. Production of certificate from main contractor post-adjudication.
4. Remand for fresh orders and consideration of the certificate.

The judgment by the Appellate Tribunal CESTAT, CHENNAI involved a case where the appellant, a service provider, was registered with the service tax department for services such as Maintenance or Repair and Consulting Engineering. The appellant had undertaken maintenance work at a factory as a sub-contractor for a main contractor. The dispute arose when the Commissioner held the appellant liable to pay service tax as a sub-contractor for the payments received from the main contractor, as the link between the service and payment of service tax was not established. The appellant had initially failed to produce a certificate from the main contractor confirming payment of service tax. However, a certificate dated 9.11.2010 was later produced, indicating that the main contractor had indeed paid service tax on the amount received by them from the appellant as a sub-contractor. This document was not available during the adjudication due to strained relations between the parties. In light of this new evidence, the Tribunal set aside the impugned order and remitted the case to the adjudicating authority for fresh consideration. The adjudicating authority was directed to verify the payment by the main contractor based on the certificate and make fresh decisions on all other issues after providing a reasonable opportunity of hearing to the appellants.

The Tribunal, comprising Jyoti Balasundaram and M Veeraiyan, waived the predeposit of service tax amounting to Rs.10,71,062/-, along with interest and penalty, and proceeded to decide the appeal with the consent of both parties. The appellant's appeal was allowed by way of remand, emphasizing the importance of considering the certificate from the main contractor in determining the liability of the appellant as a sub-contractor for the maintenance services provided. The judgment highlighted the significance of establishing the link between the service rendered and the payment of service tax, which was crucial in determining the tax liability in such sub-contracting arrangements.

In conclusion, the judgment focused on the necessity of producing relevant documents, such as the certificate from the main contractor, to substantiate claims regarding the payment of service tax in sub-contracting relationships. The Tribunal's decision to remand the case for fresh orders underscored the importance of ensuring a fair and thorough consideration of all aspects before making a final determination on the liability of the appellant for service tax as a sub-contractor.