9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 2462 - AT - Service TaxLiability of Service Tax - Cargo Handling Services - Loading, unloading, packing and unpacking of cargo - Cargo handling involves loading and unloading from any ship or container is a principle that is etymologically established - Held That - Appellant directed to remit the entire assessed tax liability along with the proportionate interest thereon (excluding the penalty component), within 4 weeks - Stay granted conditionally.
Issues:
1. Appeal against the order of the Commissioner (Appeals), Jaipur-II. 2. Tax demand confirmation for providing Cargo Handling Service. 3. Interpretation of liability to tax based on relevant case laws. 4. Direction to remit assessed tax liability within a specified timeline. Issue 1: Appeal against the order of the Commissioner (Appeals), Jaipur-II The appeal was filed against the order of the Commissioner (Appeals), Jaipur-II, dated 27.12.2013, which mainly upheld the primary adjudication order dated 25.08.2008. The primary adjudicating authority confirmed a tax demand of Rs. 4,43,109/- along with interest and penalties. The appellate authority's order addressed appeals from both the appellant and the Revenue. The appellant's appeal was rejected, while the Revenue's appeal was partially allowed to increase the penalty under Section 76 of the Finance Act, 1994. Issue 2: Tax demand confirmation for providing Cargo Handling Service The appellant was charged for providing Cargo Handling Service to a specific entity during a certain period. The appellant's work involved unloading mineral rock phosphorous from railway wagons and stacking it on the company's site using labor. As per Section 65 (105) (zr) of the Act, loading and unloading of cargo falls under Cargo Handling Service, leading to the confirmation of the tax demand. Issue 3: Interpretation of liability to tax based on relevant case laws The appellant's counsel cited various case laws to argue against the tax liability, including cases like CCE, Ranchi Vs. Modi Construction Co., Anupama Coal Carriers Pvt. Ltd. Vs. CCE, Raipur, and S.B. Construction Co. Vs. Union of India. However, the Tribunal found these cases distinguishable as they did not involve loading or unloading cargo from ships, trucks, airplanes, or railway wagons. The principle that cargo handling includes loading and unloading from any ship or container was established through relevant case laws like the decision of the Orissa High Court in Coal Carriers Vs. CCEEST, Bhubaneswar. Issue 4: Direction to remit assessed tax liability within a specified timeline Considering the circumstances and the lack of a prima facie case in favor of the appellant, the Tribunal directed the appellant to remit the entire assessed tax liability along with interest within four weeks from the specified date. Failure to comply within the given timeline would result in the rescission of the stay of further proceedings and dismissal of the appeal for non-compliance. Compliance was to be reported by a specific date to ensure the stay of proceedings pending the appeal's disposal. This comprehensive analysis highlights the key issues addressed in the judgment, including the appeal against the Commissioner's order, tax demand confirmation for Cargo Handling Service, interpretation of liability based on case laws, and the direction for remittance of the assessed tax liability within a specified timeframe.
|
