2013 (6) TMI 584 - AT - Service Tax

Stay - Commercial and Industrial Construction Services - period 2004-05 to 2009-10 - Held that - the issue needs to be gone into details as the appellant is claiming the contracts executed by them as a works contract services and service rendered to Government Organizations which are not of commercial in nature. We also have to go into the appellant s claim as to that extended period of limitation cannot be invoked by the lower authorities. All these things will take some time and needs to be considered only at the time of final disposal of appeal. - Appellant directed to make pre-deposit of Rs. 50 Lacks.

Summary

Issues:
Confirmation of demand of service tax liability, interest, and penalties under various sections of Finance Act, 1994 on the grounds of non-payment of service tax for Commercial and Industrial Construction Services during 2004-05 to 2009-10.

Analysis:
The judgment pertains to a stay petition seeking the waiver of pre-deposit of a substantial amount confirmed as service tax liability, ineligible cenvat credit, interest, and penalties under the Finance Act, 1994 and Cenvat Credit Rules, 2004. The primary issue revolves around the confirmation of demand for service tax liability on the appellant for Commercial and Industrial Construction Services provided to entities such as Gujarat Electricity Board, Gujarat Energy Transmission Company Limited, and Private Industries. The appellant contests the characterization of services rendered to government organizations as non-commercial construction, emphasizing the interpretation of service definitions and the applicability of the limitation period due to regular filing of returns and payment of service tax based on their understanding of the provisions.

Upon reviewing the records and hearing both parties, the tribunal acknowledges the need for a detailed examination of the appellant's claims regarding the nature of contracts executed as works contract services and services provided to government organizations. The tribunal also recognizes the debatable nature of the issue, particularly concerning the invocation of the extended period of limitation by lower authorities. Considering that the appellant has already deposited a significant sum, the tribunal directs the appellant to make an additional deposit within a specified timeframe. The tribunal grants the waiver of pre-deposit for the remaining amounts subject to compliance with the deposit directive, thereby staying the recovery until the appeal's final disposal.

In conclusion, the judgment reflects a nuanced consideration of the complex issues surrounding the service tax liability, interest, and penalties imposed on the appellant for Commercial and Industrial Construction Services. The tribunal's decision to allow the waiver of pre-deposit for the balance amounts underscores the need for further examination and deliberation on the disputed matters before reaching a final resolution in the appeal process.