2014 (1) TMI 1093 - AT - Service Tax

Waiver of pre deposit - Whether service tax under the above head can be levied at all and collected from the appellant inasmuch as each building which was constructed with self-contained facilities consists of only 12 dwelling units - Held that - first item of demand pertains to residential complexes constructed by the appellant for the Government of Andhra Pradesh. Each building consists of 12 dwelling units. There are several such buildings constructed by the appellant in the same place for the Government - The second and third items of demand are under the head management, maintenance or repair service . It is submitted by the consultant for the appellant that these demands pertain to maintenance/repairs of a Government hospital and a Government college - period of demand in the instant case is comprised in the above period for which management, maintenance or repair of non-commercial Government buildings were exempted from levy of service tax - Stay granted.

Summary

Issues: Delay in filing appeal, waiver and stay of adjudged dues including service tax liabilities for construction and maintenance services.

In this judgment by the Appellate Tribunal CESTAT Bangalore, the first issue addressed is the delay of 20 days in filing the appeal, which was satisfactorily explained, leading to the allowance of the COD application. Moving on to the second issue, an application was filed seeking waiver and stay regarding adjudged dues, specifically focusing on an amount demanded under the head 'construction of residential complexes service' for a specific period. The Tribunal examined the demand of service tax, involving various service recipients and their corresponding liabilities. Notably, the Tribunal deliberated on whether service tax could be levied and collected for residential complexes constructed by the appellant for the Government of Andhra Pradesh, considering the specific characteristics of the buildings. Reference was made to a previous case where waiver and stay were granted on a similar issue.

Regarding the third and fourth items of demand under the head 'management, maintenance or repair service,' the consultant for the appellant argued that these demands were related to maintenance/repairs of a Government hospital and college, potentially qualifying for an exemption under Section 98(1) of the Finance Act, 1994. This section exempts the levy of service tax for management, maintenance, or repair of non-commercial Government buildings during a specified period. Given that the period of demand in the case fell within the exemption period, the Tribunal granted waiver and stay as requested by the appellant after considering the submissions from both sides. The judgment concluded with the pronouncement and dictation in open court.