2015 (6) TMI 341 - AT - Service Tax

Waiver of pre deposit - Manpower Recruitment or Supply Agency - Appellant arranged loading and unloading from/to the trucks at M/s Hindustan Unilever Ltd. as required - Held that - Service provided by the appellant does not fall under the category of Manpower Recruitment or Supply Agency . Accordingly, we grant waiver from pre-deposit of the dues adjudged against the appellant and stay recovery thereof till disposal of the appeal - Stay granted.

Summary

Issues:
Appeal against Order-in-Appeal, Service Tax liability on Manpower Recruitment or Supply Agency services, Confirmation of demand, Imposition of penalties, Appeal dismissal, Waiver from pre-deposit, Stay of recovery, Liberty for early hearing.

Analysis:
The appellant appealed against the Order-in-Appeal issued by the Commissioner of Central Excise & Customs (Appeals), Nagpur. The dispute revolved around the nature of services provided by the appellant to M/s Hindustan Unilever Ltd. under a contract/agreement dated 01.11.2014 for loading/unloading services. The appellant contended that the services did not qualify as 'Manpower Recruitment or Supply Agency' services. The Joint Commissioner confirmed a Service Tax demand of &8377; 12,27,153/- for the period from 18.04.2006 to 30.11.2010, alleging that the appellant was engaged in such agency activities. The appellant disputed this characterization and denied liability, leading to the imposition of penalties under Sections 76, 77, and 78 by the Order-in-Original dated 12.03.2013.

Upon hearing both sides, the Tribunal, comprising Anil Choudhary and P S Pruthi, Members, found merit in the appellant's argument that the services provided did not constitute 'Manpower Recruitment or Supply Agency' activities. Consequently, the Tribunal granted a waiver from pre-deposit of the adjudged dues and stayed the recovery of the amount until the appeal's final disposal. Additionally, the Tribunal allowed the party to apply for an early hearing, ensuring expedited resolution of the matter. The decision was dictated and pronounced in open court, providing clarity on the Tribunal's stance regarding the appellant's liability for Service Tax in relation to the services rendered to M/s Hindustan Unilever Ltd.

This judgment highlights the importance of accurately categorizing services for tax purposes and the significance of challenging erroneous tax assessments through the appellate process. The Tribunal's decision to grant relief to the appellant underscores the necessity of a thorough examination of the nature of services provided to determine the applicability of tax liabilities. The granting of a waiver from pre-deposit and the stay of recovery demonstrate the Tribunal's commitment to ensuring a fair and just resolution while upholding the principles of natural justice and procedural fairness in tax matters.