2016 (8) TMI 449 - AT - Service Tax

Cargo handling services Services under contract for loading, unloading and shifting of sugar bags from the floor of the mills to godown, from one godown to another godown or as desired by their clients Circular dated 01.08.2002 states if the cargo handling service is provided by individual that does not come under the preview of taxability. Held that - In the absence of any evidence produced by revenue that the manpower supplied by respondent carried out any work outside the factory premises it is to be held that the manpower was shifting the goods within the factory premises. services rendered in the present case do not fall under Cargo Handling Service - Decision in the case of Gaytri Construction Co. 2011 (9) TMI 481 - CESTAT, New Delhi followed appeal dismissed decided against the Revenue.

Issues:
1. Interpretation of the term "Cargo Handling Service" under the Finance Act, 1994.
2. Application of CBEC Circular dated 01.08.2002 to individual vs. partnership firm providing cargo handling services.
3. Assessment of evidence regarding the nature of services provided by the respondents.
4. Comparison of judgments in similar cases to determine the classification of services provided.

Analysis:

1. The case involved a dispute regarding whether the services provided by the respondents, involving loading, unloading, and shifting of sugar bags, fell under the category of "Cargo Handling Service" as defined in Sec. 65(105)(zr) of the Finance Act, 1994. The original authority had held that the respondents were providing cargo handling services and imposed penalties. However, the Commissioner (Appeals) disagreed, stating that the activity was more akin to manpower recruitment agency services rather than cargo handling services, as the respondents did not qualify as a cargo handling agency as required by the law.

2. The appellant challenged the Order-in-Appeal citing a CBEC Circular dated 01.08.2002, arguing that if cargo handling services were provided by an individual, it would not be taxable. However, the Tribunal differentiated between services provided by an individual and those provided by a partnership firm. The Tribunal relied on precedent and held that services rendered by a partnership firm, as in this case, should be classified under "Cargo Handling Services."

3. The assessment of evidence regarding the nature of services provided was crucial in determining the classification of the services. The respondents argued that the services involved shifting of sugar bags within the factory premises, which did not align with traditional cargo handling services. The Tribunal considered the lack of evidence provided by the revenue to establish work carried out by the manpower and relied on statements made by the respondents to conclude that the services were within the factory premises, similar to the precedent set in the case of Gaytri Construction Co.

4. In comparing judgments in similar cases, the Tribunal found that the present case closely resembled the circumstances in the Gaytri Construction Co. case, where services were related to shifting goods within the factory premises. Relying on this precedent, the Tribunal determined that the services provided by the respondents did not fall under Cargo Handling Service. Therefore, the Tribunal upheld the Order-in-Appeal passed by the Commissioner (Appeals) and dismissed the appeal filed by the revenue, without imposing any costs.

This detailed analysis of the judgment highlights the key legal interpretations, application of precedents, and the significance of evidence in determining the classification of services under the relevant tax laws.

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