2014 (9) TMI 746 - AT - Service Tax

Waiver of pre-deposit - Works contract service - commercial or industrial construction service - Held that - Since we are, prima facie, in concurrence with the conclusion of the learned adjudicating authority that the transactions entered into by the petitioner with the State of Andhra Pradesh appropriately fall within the ambit of works contract service; since EPC contracts are classified within works contract service in clause (e) of Section 65(105)(zzzza)(ii) and the enumerated service in clause (e) does not enjoin EPC contracts executed only for commercial or industrial purposes to be within the ambit of the taxable service, we find no escape from the levy and collection of service tax, in the transactions of the petitioner which are the subject matter of the appeal - demand of service tax with interest to be deposited - stay granted towards penalty only.

Summary

Issues: Classification of service as "works contract" vs. "commercial or industrial construction" service for EPC projects executed for the State of Andhra Pradesh; Interpretation of relevant provisions of the Finance Act, 1994 regarding taxable services; Granting of waiver of pre-deposit and stay of proceedings for realization of adjudicated liability.

Classification of Service: The case involved a Service Tax demand on the petitioner for providing "works contract" service under EPC projects for the State of Andhra Pradesh, which the adjudicating authority classified under Section 65(105)(zzzza) of the Finance Act, 1994. The petitioner argued for classification under "commercial or industrial construction" service, citing an interim order from the High Court of Andhra Pradesh. However, the Tribunal concurred with the adjudicating authority's classification based on the provisions of Section 65(105)(zzzza)(ii)(e) and previous judgments, finding no escape from the levy of service tax.

Interpretation of Provisions: The Tribunal considered the applicability of the High Court's interim order and previous judgments in light of the classification issue. It noted that the interim order did not provide a guiding ratio and was eclipsed by the judgment in Ramky Infrastructure Ltd. The Tribunal emphasized that the EPC contracts executed for the State of Andhra Pradesh fell within the scope of "works contract" service, as specified in the Finance Act, and thus upheld the imposition of service tax on the transactions.

Granting of Waiver: In light of the pending appeal on the imposition of penalty and discretion under Section 80, the Tribunal granted waiver of pre-deposit and stay of proceedings for realizing the adjudicated liability, subject to the petitioner remitting the assessed tax and interest components within a specified timeframe. Failure to comply would result in the rejection of the appeal without further reference to the Tribunal, thereby disposing of the stay application accordingly.

This detailed analysis of the judgment highlights the key issues of classification, interpretation of relevant provisions, and the granting of waiver in the context of the Service Tax demand on EPC projects executed by the petitioner for the State of Andhra Pradesh.