2013 (12) TMI 150 - AT - Service Tax

Demand of service tax - Import of goods by air - Demand confirmed on transportation of goods by air - Held that - applicant is not direct recipient of service from the foreign based service provider and therefore no tax liability can be fastened on them in terms of Section 66A of the Finance Act, 1994 - Stay granted.

Summary

Issues:
Tax liability on imported goods due to air freight charges incurred by the applicant.

Analysis:
The case involves a dispute regarding the tax liability of the applicant arising from the import of goods by air. The logistics provider billed the applicant for various amounts, including air freight related to the import. The tax authority demanded service tax under the category of transportation of goods by air, treating the applicant as the recipient of services from the foreign-based service provider, i.e., the airlines. The Commissioner (Appeals) upheld this decision.

The applicant contended that they were not the direct recipient of services from the foreign service provider, as the value of services had already been factored into the customs duty payment. The applicant argued that since they did not directly pay the air freight to the airlines, they should not be considered the recipient of services from the airlines.

The learned counsel representing the applicant argued against the tax liability, emphasizing that the applicant did not directly receive services from the foreign service provider. The learned SDR, on the other hand, reiterated the Commissioner (Appeals)'s findings supporting the tax liability on the applicant.

The Tribunal, after hearing both parties, prima facie agreed with the submission of the applicant's counsel. The Tribunal held that the applicant was not the direct recipient of services from the foreign service provider, and therefore, no tax liability could be imposed on them under Section 66A of the Finance Act, 1994. Consequently, the Tribunal ordered a waiver of the pre-deposit of dues as per the impugned order and stayed the recovery of the tax liability until the appeal was disposed of.

In conclusion, the Tribunal ruled in favor of the applicant, finding that they were not liable for the service tax on the air freight charges incurred in connection with the import of goods by air. The decision highlighted the importance of direct receipt of services in determining tax liability under the relevant provisions of the Finance Act, 1994.