2014 (1) TMI 565 - AT - Service Tax

Waiver of pre deposit - Demand of service tax - airport services - ground handling services - Held that - services provided by Airport Authority of India or any person authorized by it are only taxable under the category of airport service. Prima facie, we find that the adjudicating authority as well as investigating authority has not brought on record anything to come to a conclusion that the appellant was authorised by any airport authority. At the same time, we find that the appellant has deposited an amount of approximately Rs.24 lakhs during the pendency of the appeal before first appellate authority. We consider the said amount as enough deposit to hear and dispose the appeal - Stay granted.

Summary

Issues:
Taxability of services rendered by the appellant under the category of airport services in respect of ground handling services provided to airlines.

Analysis:
The appellant filed a Stay Petition seeking waiver of pre-deposit of Rs.48,71,157 confirmed as Service Tax liability under various categories, including Airport service. The issue revolved around whether the ground handling services provided by the appellant to airlines fell under the definition of airport services as per Section 65(105)(zzm) of the Finance Act, 1994. The appellant argued that they were not an airport authority nor authorized to provide such services, relying on previous judgments. They contended that the airlines could opt for ground handling services with their personnel without authorization from the concerned airport authority. The appellant had already deposited Rs.24.35 lakhs for stay purposes.

The Departmental Representative highlighted the Airport Authority of India Regulations, stating that ground handling services must be rendered by the airport authority or authorized entities selected through competitive bidding. They argued that it was impermissible for a person to provide ground handling services at an airport without authorization. The Department relied on a decision by a Larger Bench regarding services within port areas falling under Port services, even without authorization, which was stayed by the Madras High Court.

After considering both sides' submissions, the Tribunal found that the issue required detailed examination. Section 65(105)(zzm) stipulated that only services provided by the Airport Authority of India or authorized entities were taxable under airport services. The Tribunal observed that there was no evidence to conclude that the appellant was authorized by any airport authority. However, acknowledging the appellant's deposit of around Rs.24 lakhs during the appeal's pendency, the Tribunal deemed it sufficient for hearing and disposing of the appeal. Consequently, the application for waiver of pre-deposit of the remaining balance was allowed, and recovery was stayed pending the appeal's disposal.