2014 (2) TMI 477 - AT - Service Tax

Waiver of pre deposit - Valuation - GTA service - certain inward & outward freight charges directly paid to owners of trucks which were used for transportation of goods were not included in the taxable value of GTA service. - Held that - Following decision of Commissioner of Central Excise & Guntur Vs Kanakadurga Agro Oil Products (Pvt.) Ltd. 2009 (3) TMI 130 - CESTAT, BANGLORE - Stay granted.

Summary

Issues:
1. Waiver of predeposit and stay of recovery sought by appellants regarding adjudged dues related to GTA service.
2. Inclusion of inward & outward freight charges in taxable value of GTA service.
3. Interpretation of whether individuals owning and operating trucks not registered with the department should be equated to a goods transport agency.

Issue 1: Waiver of Predeposit and Stay of Recovery
The appellants filed applications seeking waiver of predeposit and stay of recovery in relation to the adjudged dues concerning GTA service. The appellants are engaged in the business of rendering GTA service and have been paying service tax on the said service. The impugned demands of differential amounts of service tax were based on the contention that inward and outward freight charges directly paid to owners of trucks used for transportation of goods should have been included in the taxable value of GTA service. The learned Superintendent(A.R.) reiterated this view, while the consultant for the applicants relied on previous Tribunal orders holding that individuals owning and operating trucks not registered with the department should not be equated to a goods transport agency.

Issue 2: Inclusion of Freight Charges in Taxable Value
During the period of dispute, the question arose whether certain inward and outward freight charges paid directly to truck owners for transporting goods should be included in the taxable value of GTA service. The department argued that such charges were liable to be included, leading to the impugned demands of differential service tax amounts. The Tribunal considered the arguments presented by both sides, with the learned consultant for the applicants referring to a decision of the Tribunal in a similar case where it was held that such truck owners should not be equated to a goods transport agency.

Issue 3: Interpretation of Truck Owners' Status
The crux of the matter revolved around the interpretation of whether individuals owning and operating trucks not registered with the department should be considered equivalent to a goods transport agency for the purposes of service tax liability. The learned Superintendent (A.R.) highlighted that a previous Tribunal decision on a similar matter was under appeal before the High Court, but the Tribunal's decision had not been stayed. After reviewing the case law cited by the consultant, the Tribunal found a prima facie case for the appellants and granted the waiver and stay as requested.

In conclusion, the Tribunal granted the waiver of predeposit and stay of recovery to the appellants concerning the adjudged dues related to GTA service. The decision was based on the interpretation of whether inward and outward freight charges paid to truck owners should be included in the taxable value of GTA service and the distinction between individuals owning trucks and registered goods transport agencies. The Tribunal's decision was influenced by previous orders and the absence of a stay on its decision in a similar case pending before the High Court.