2013 (10) TMI 485 - AT - Service Tax

Transport of goods by aircraft - Waiver of Pre-Deposit Notification No.29/2005 Held that - Revenue assesses the liability in respect of the taxable service specified under Section 65 (105)(zzn) of the Act - The petitioner contended that since under the Customs Act, goods transported outside the territory of India constitute export, baggage of the passengers must be considered as goods since they were carried beyond India to overseas destinations and would constitute export goods falling within the realm of the Notification No.29/2005-ST - Prima Facie case was in the favour of Assessee Lesser amount of Pre-deposits was ordered to be made upon such submission rest of the duty to be waived till the disposal Partial stay granted.

Summary

Issues:
1. Amendment of relief sought in stay application.
2. Assessment of Service Tax on excess baggage charges.
3. Prima facie case in favor of the assessee.
4. Deposit required for waiver of pre-deposit.
5. Justification for Revenue to initiate proceedings for the subsequent period.

Analysis:

1. The judgment addressed the issue of amending the relief sought in a stay application. The appellant inadvertently sought quashing of the impugned order instead of waiver of pre-deposit. The amendment was allowed to modify the stay application for seeking the correct relief, ensuring the relief prayed for in the stay application stands amended.

2. The case involved the assessment of Service Tax on excess baggage charges recovered by the appellant from overseas travelers. The liability was determined under Section 65(105)(zzn) of the Act, relating to services provided by an aircraft operator for the transport of goods by aircraft. The appellant argued that baggage of passengers should not be considered goods for taxation purposes, or alternatively, that the export of baggage was exempted by a specific notification. The judgment found a prima facie case in favor of the appellant.

3. In consideration of the circumstances, the judgment directed the appellant to deposit a specified amount along with interest as a condition for waiver of pre-deposit of the remaining liability and penalties. Failure to comply with the deposit conditions would result in the dismissal of the appeal for non-pre-deposit.

4. The judgment also addressed the representation made regarding the levy of Service Tax for an earlier period and the subsequent period. It was argued that the earlier decision reversing the levy for the previous period should bar the Revenue from initiating proceedings for the subsequent period. However, the judgment rejected this contention, stating that the earlier decision does not prevent the Revenue from collecting tax for the subsequent period.

5. Ultimately, the stay petition was disposed of in accordance with the directions provided in the judgment, resolving the issues related to the relief sought, assessment of Service Tax, deposit requirements, and the justification for Revenue to proceed with tax collection for the subsequent period.