2009 (4) TMI 81 - AT - Service Tax

Loading coal into tippers from various quarries/faces/surface/stocks main contention of the applicant is that handling of coal within mine premises, which is not ready for dispatch would not come within the purview of cargo handling service - Tribunal in the case of Triveni Earthmovers (P) Ltd. granted unconditional stay on the identical situation - prima facie, the demand of tax is partly barred by limitation - financial hardship pleaded as the applicant company is closed down - Stay application is allowed

Summary

Issues involved:
1. Tax demand on services of loading and transportation of coal under cargo handling service category.
2. Contention of tax demand on merits and limitation.
3. Interpretation of transport agreements for determining the scope of services provided.
4. Consideration of financial hardship of the applicant in deciding the pre-deposit of tax and penalty.

Analysis:
1. The case involved a tax demand on services of loading and transportation of coal under the cargo handling service category. The applicants were engaged in loading coal into tippers and transporting it to various locations. The tax demand was challenged on the grounds that handling coal within mine premises not ready for dispatch does not fall under cargo handling service. Reference was made to previous tribunal cases to support the argument that loading and transport within the mine area may not qualify as cargo handling service.

2. The contention regarding tax demand on merits and limitation was raised by the advocate for the applicants. It was argued that the tax demand for the specified period was not justified, and a portion of the demand was beyond the limitation period. Financial hardship due to the closure of the applicant company was also pleaded. The advocate presented arguments citing previous tribunal cases to support the position that the tax demand was partly barred by limitation.

3. The interpretation of transport agreements played a crucial role in determining the scope of services provided by the applicants. The Revenue representative referred to various transport agreements to establish that the services extended up to railway sidings, aligning with a previous tribunal case decision. The tribunal considered the details of the agreements to assess the extent of services provided by the applicants and its implications on the tax demand.

4. In deciding the pre-deposit of tax and penalty, the tribunal took into account the financial hardship faced by the applicant due to the closure of the company. Considering the arguments presented, including the similarity to previous tribunal cases and the prima facie limitation on the tax demand, the tribunal waived the pre-deposit of tax and penalty until the appeal's final disposal. This decision was influenced by the financial circumstances of the applicant and the merits of the case presented during the hearing.