2015 (1) TMI 642 - AT - Service Tax

Waiver of pre deposit - transport of goods by rail services - Held that - Applicant raised the consignment notes for transport of goods to M/s. Sterlite Industries (I) Ltd. The applicant claimed that M/s. Sterlite Industries (I) Ltd. paid the tax on the basis of consignment notes after availing abatement. The Section 65(50)(b) of the Finance Act, 1994, provides Goods Transport Agency Service means any person who provides service in relation to transport of goods by road and issues consignment note by whatever name called . In the present case, prima facie, we find that the applicant raised the consignment notes for transport of the goods by road and partly by rail. It is seen that M/s. Sterlite Industries (I) Ltd., paid the tax on the consignment notes as claimed by the applicant. In view of that, the applicants made out a case for waiver of predeposit of tax along with interest and penalty. Accordingly, predeposit of tax along with interest and penalty is waived and its recovery stayed till the disposal of the appeal - Stay granted.

Summary

Issues:
1. Liability of service tax on transportation of goods by rail services.
2. Interpretation of Goods Transport Agency Service under Section 65(50)(b) of the Finance Act, 1994.
3. Claim for waiver of predeposit of tax, interest, and penalty.

Analysis:

1. The judgment dealt with the issue of the liability of service tax on the transportation of goods by rail services. The applicant had entered into an agreement with a company for transporting goods and had raised consignment notes for the same. The Commissioner (Appeals) had upheld the demand of service tax along with interest and penalty. The Ld. Advocate for the applicant argued that the consignment notes were raised as Goods Transport Agency (GTA) and that the company had paid the tax as per the relevant rules. On the other hand, the Ld. AR for the Revenue contended that the applicant was liable to pay the tax as they transported the goods by rail service.

2. The Tribunal, after hearing both sides and examining the records, found that the applicant had indeed raised consignment notes for the transport of goods, partly by road and partly by rail. The relevant provision under Section 65(50)(b) of the Finance Act, 1994, defines Goods Transport Agency Service as any person who provides service in relation to transport of goods by road and issues consignment notes. The Tribunal observed that the applicant had raised consignment notes for both road and rail transport, and the company had paid the tax as claimed by the applicant. Therefore, the Tribunal concluded that the applicant made a case for waiver of predeposit of tax, interest, and penalty. Consequently, the Tribunal waived the predeposit of tax along with interest and penalty, and stayed the recovery until the appeal's disposal.

3. In conclusion, the judgment addressed the liability of service tax on transportation services, the interpretation of Goods Transport Agency Service under the relevant provision, and the applicant's claim for waiver of predeposit of tax, interest, and penalty. The Tribunal found in favor of the applicant, granting the waiver and staying the recovery of the tax amount until the appeal's final disposal.