2015 (10) TMI 1306 - HC - Service Tax

Liability of Service Tax on manufacture and repairing of Hydraulic Service Trolleys whether appellant is a sub-contractor and liable to pay service tax? Held that - Questions of fact can be best judged by Adjudicating Authority Matter remanded back.

Summary

Issues:
1. Whether the appellant is liable to pay service tax for the maintenance and repair of Hydraulic Service Trolleys (HSTs) under the Service Tax Law.
2. Whether the appellant qualifies as a sub-contractor in the contractual arrangement between Indian Air Force, M/s Hindustan Aeronautics Limited, and the appellant.
3. Whether the circular issued by the department exempts the appellant from paying service tax as a sub-contractor.

Analysis:

1. The appellant, engaged in the manufacture and repair of Hydraulic Service Trolleys (HSTs), was issued a show cause notice demanding service tax for a specific period. The Tribunal remanded the matter to the Adjudicating Authority to re-examine whether the appellant is liable to pay service tax. The appellant argued that, as a subcontractor of M/s Hindustan Aeronautics Limited, Banglore, who had a contract with the Indian Air Force, no service tax was payable by the subcontractor. The High Court declined to interfere, stating that the issue of liability for service tax needs to be determined by the Adjudicating Authority, along with other raised issues, ultimately dismissing the appeal.

2. The crucial issue to be determined is whether the appellant qualifies as a sub-contractor in the contractual relationship between Indian Air Force, M/s Hindustan Aeronautics Limited, and the appellant. The High Court emphasized that this factual determination, along with the question of whether the appellant is still required to pay service tax as a sub-contractor, is best left for the Adjudicating Authority to decide. The Court's decision not to interfere indicates that the classification of the appellant as a sub-contractor and the consequent tax liability require a detailed examination by the relevant authority.

3. Another significant aspect is the contention regarding the circular issued by the department and its impact on the appellant's obligation to pay service tax. The appellant's reliance on this circular as a basis for exemption from service tax as a subcontractor raises a legal question that needs to be addressed by the Adjudicating Authority. The High Court's dismissal of the appeal with the direction for the Adjudicating Authority to decide all issues afresh implies that the circular's applicability and its effect on the appellant's tax liability must be thoroughly assessed in the adjudication process.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented, and the court's decision to defer the determination of the appellant's liability for service tax and subcontractor status to the Adjudicating Authority for a comprehensive examination.