2013 (7) TMI 507 - AT - Service Tax

Installation/Erection, Commissioning or Installation Service - Held that - Installation of plant, machinery or equipment was covered in the definition from the very beginning and it is very difficult to distinguish that heating system, ventilation system & AC system is different from heating plant, ventilation plant and AC plant. - their activity was taxable prior to 16.06.2005 also and from 16.06.2005 related work of piping, ducting and sheet metal is also brought into tax net. Extended period of limitation - whether Show Cause Notice issued to the assessee time barred Held that - appellants were paying service tax on the activities with effect from 16.06.2005 and filing returns. It is on record that appellants vide their letter dated 05.09.2005 submitted month wise details of all payments received by them against HVAC works for the period 01.07.2003 to 15.06.2005. Once the details of value of taxable services were available to the Department on 05.09.2005, there is no reason to invoke the extended period decided in favour of assessee.

Summary

Issues:
1. Whether the appellant's activities are chargeable to service tax under Commissioning or Installation/Erection, Commissioning or Installation Service.
2. Whether the Show Cause Notice issued to the appellant is time-barred and if the appellants are liable to penalties.

Analysis:

Issue 1: Chargeability of Service Tax
The case involved M/s Suvidha Engineers India Ltd. challenging the order passed by the Commissioner of Central Excise Noida, which demanded service tax, interest, and penalties for activities related to HVAC turnkey projects. The Department contended that these activities were chargeable to service tax under Commissioning or Installation Service. The definitions under Section 65(28), 65(29), and 65(39a) were examined for different periods. The appellant argued that their activities fell under the definition from 16.06.2005 and were not taxable before that date. However, the Tribunal disagreed, stating that the installation of plant, machinery, or equipment was always covered, and the distinction between heating, ventilation, and air-conditioning systems and plants was not substantial. The Tribunal held that the appellant's activities were taxable even before 16.06.2005, and related work like piping and ducting was also taxable from that date onwards.

Issue 2: Time Limitation and Penalties
The appellants started paying service tax from 16.06.2005 and provided details of payments received for HVAC works to the Department in September 2005. The Show Cause Notice was issued on 30.10.2007 for the period from 01.07.2003 to 15.06.2005. The Tribunal noted that once the Department had the details of taxable services in 2005, there was no justification for invoking the extended period for issuing the notice. Therefore, the Tribunal held that the Show Cause Notice was time-barred as it was issued beyond one year from the availability of the taxable service details. Consequently, the Tribunal allowed the appeal on the grounds of time limitation, ruling in favor of the appellant.

This detailed analysis outlines the legal judgment involving the chargeability of service tax and the time limitation issue, providing a comprehensive understanding of the Tribunal's decision in the case.