2016 (4) TMI 399 - AT - Service Tax

Demand of Service tax - period from 2006-07 till 2011 - Maintenance of immovable property, GTA service, works contract service, maintenance and repair services and supply of tangible goods services - Held that - the defence taken before us are of legal / factual in nature and same are required to be examined by the Adjudicating Authority. In these circumstances, the impugned order is set aside and remand the matter back to the adjudicating authority for denovo adjudicating of the case in the light of the defence taken by the appellant before us with a direction to the appellant to appear before the Adjudicating authority. - Appeal disposed of

Issues:
Service tax demand under various categories for the period 2006-07 till 2011, including maintenance of immovable property, goods transport agency service, works contract service, maintenance and repair services, construction of residential units, and supply of tangible goods services.

Analysis:

1. Maintenance of Immovable Property:
The appellant contested a demand of Rs. 4,913 for maintenance of immovable property related to coloring work of trees, arguing that coloring of trees for green belt maintenance does not fall under the purview of maintenance of immovable property. This issue raised a question about the scope of activities considered under maintenance of immovable property.

2. Goods Transport Agency Service:
A demand of Rs. 73,422 was confirmed under the category of goods transport agency service for goods transported by individual truck owners without issuing consignment notes. The appellant argued that these individual truck owners do not qualify as goods transport agencies, citing a precedent from the Tribunal. This issue involved the interpretation of what constitutes a goods transport agency for service tax liability.

3. Works Contract Service:
A demand of Rs. 13,16,481 was confirmed for works done at police quarters under works contract service. The appellant contended that the demand was unsustainable as the quarters were individual and not for commercial or industrial use, supported by a circular and a previous decision. The issue raised concerns about the applicability of works contract service to specific types of construction projects.

4. Maintenance and Repair Services:
A demand of Rs. 25,99,925 was confirmed for maintenance and repair services related to extending passenger amenities at railway platforms. The appellant argued that these activities were not commercial or industrial in nature and should not be taxed, especially when services to railways are generally excluded from taxable services. This issue involved determining the taxability of services provided to railways.

5. Construction of Residential Units:
A demand of Rs. 4,96,837 was confirmed for works contract services for constructing MIG flats. The appellant argued that no service tax was due for individual residential units during the period, citing a previous decision upheld by the Supreme Court. This issue highlighted the tax treatment of construction activities for residential units.

6. Supply of Tangible Goods Services:
A demand of Rs. 26,00,656 was confirmed under the category of supply of tangible goods services. The appellant argued that the total value of services provided was below the small-scale exemption limit, thus not subject to service tax. This issue revolved around the applicability of the exemption limit for service tax liability.

The Tribunal ultimately set aside the impugned order and remanded the matter back to the adjudicating authority for reevaluation based on the appellant's defenses. The decision emphasized the need for a detailed examination of the legal and factual aspects raised by the appellant before reaching a final conclusion on the tax liabilities involved in the case.

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