2012 (12) TMI 766 - AT - Service Tax

Repair and Maintenance Service of Government buildings and public roads - seeking waiver of pre-deposit of the Service Tax, interest and penalty - Held that - In respect of maintenance and repair of public roads and Government buildings are exempted from Service Tax with retrospective amendment made by section 97 and 98 of the Finance Act, 2012. In respect of the demand of commercial construction, the construction is of administrative block of Municipal Corporation of Chandrapur and out of which certain area is used for commercial purpose and in respect of other demands such as Survey and Map Making services, site formation and clearance, excavation and earth moving and demolition services,this is not a case for complete waiver of pre-deposit. Thus the applicant is directed to deposit Rs.10 lakhs apart from the amount already paid within a period of six weeks & pre-deposit of the remaining amount of Service Tax, interest and penalty shall stand waived and recovery of the same is stayed during pendency of appeal.

Issues:
1. Application for waiver of pre-deposit of Service Tax.
2. Exemption from payment of Service Tax on maintenance and repair of public roads and non-commercial Government buildings.
3. Demand related to construction of commercial and industrial buildings.
4. Various services undertaken by the applicant leading to the demand by the Revenue.
5. Prima facie case for waiver of Service Tax on maintenance and repair of public roads and Government buildings.

Issue 1: Application for waiver of pre-deposit of Service Tax
The applicant filed an application seeking waiver of pre-deposit of Service Tax amounting to Rs.1,03,76,870, along with interest and penalty. The contention put forth was primarily based on the retrospective amendments made by sections 97 and 98 of the Finance Act, 2012, exempting maintenance and repair of public roads and non-commercial Government buildings from Service Tax. The Tribunal found a strong prima facie case for waiver of approximately Rs.73 lakhs related to maintenance and repair services.

Issue 2: Exemption from payment of Service Tax on maintenance and repair
The major portion of the demand was attributed to maintenance and repair of public roads and Government buildings, which were later exempted from Service Tax retrospectively under the Finance Act, 2012. Considering this retrospective amendment, the Tribunal acknowledged the applicant's contention and directed the waiver of Service Tax amounting to Rs.73 lakhs related to these exempted services.

Issue 3: Demand related to construction of commercial and industrial buildings
Regarding the demand linked to the construction of commercial and industrial buildings, specifically the administrative block of Municipal Corporation, the Tribunal noted that a portion of the area was utilized for commercial purposes. The applicant's argument that the demand should not cover the entire contract value was considered, leading to a directive for partial pre-deposit of Rs.10 lakhs, in addition to the amount already paid, within a specified timeframe.

Issue 4: Various services undertaken by the applicant
The Revenue contended that the applicant had undertaken a variety of services, including Management, Maintenance or Repairs for goods, equipments or properties services, Commercial & Industrial construction service, Construction of Residential Complex service, Works contract service, Survey and Map making services, and Maintenance and Repairs of Roads, Government buildings, among others. This diverse range of services formed the basis for the demand raised by the Revenue.

Issue 5: Prima facie case for waiver of Service Tax on exempted services
After considering the facts and circumstances of the case, the Tribunal concluded that the applicant had successfully established a strong prima facie case for the waiver of Service Tax amounting to approximately Rs.73 lakhs related to maintenance and repair services of public roads and Government buildings. The Tribunal granted the waiver subject to a partial pre-deposit for other demands and stayed the recovery of the remaining amount during the pendency of the appeal.

This detailed analysis of the judgment addresses the issues of waiver of pre-deposit of Service Tax, exemption from payment of Service Tax on specific services, demands related to construction activities, various services undertaken by the applicant, and the establishment of a prima facie case for waiver of Service Tax on exempted services.

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