2016 (12) TMI 1131 - AT - Service Tax

Nature of various activities provided in the mines of the service recipient - Whether the activities undertaken by the appellant for service recipient Tata Steels, amounts to providing of Mining Services and whether the same could be taxed as Site Preparation Services and Cargo Handling Services etc. before 18.06.2007, the date when Mining Service was specifically brought under the Service Tax net? - Held that - Service Tax as Site formation Service could be levied if there is a Service Contract Simplicator to that effect. However, once the contract is a composite contract for the entire activities from Site formation to segregation of Ores then the same has to be charged as a separate service (Mining Services), which was made chargeable to Service Tax w.e.f. 18.06.2007 only. Such operations under a composite contract cannot be treated as Site formation or Cargo Handling Service before 18.06.2007 - Appeal is allowed holding that activities undertaken by the appellant under a composite contract will amount to providing Mining Services which were made chargeable to Service Tax only with effect from 18.06.2002. Time bar - Held that - We have not gone into the time bar aspect of the demand as on merits the appeal has been allowed in favour of the appellant. Appeal allowed - decided in favor of appellant.

Summary

Issues Involved:
1. Classification of services provided by the appellant.
2. Applicability of Service Tax on composite contracts.
3. Time-barred demand and imposition of penalties.

Detailed Analysis:

1. Classification of Services Provided by the Appellant:
The primary issue in this appeal is whether the activities undertaken by the appellant for the service recipient amount to providing 'Mining Services' and whether these activities could be taxed as 'Site Preparation Services' and 'Cargo Handling Services' before 18.06.2007, the date when 'Mining Service' was specifically brought under the Service Tax net. The appellant argued that the activities undertaken were under a composite contract which collectively constituted providing 'Mining Services' from 18.06.2007 onwards, and they had already started paying Service Tax from that date. The Revenue, however, contended that the activities were liable to Service Tax under 'Site Preparation/Cargo Handling Services' even before 'Mining Services' were taxed from 18.06.2007.

2. Applicability of Service Tax on Composite Contracts:
The appellant's contract with Tata Steel involved multiple activities, including site preparation, making holes for blasting, excavation, and transportation of materials. The contract did not provide a separate charge for each activity, making it a composite contract. The appellant argued that in the absence of separate billing, no Service Tax could be quantified and demanded for site preparation, cargo handling services, etc. The Tribunal observed that the contract included a host of activities, including extraction and segregation of ore, and was not merely for site preparation. The Tribunal referred to CBEC Circular No.123/5/2010-TRU dated 24.05.2010, which clarified that 'Site formation and clearances, excavation, earthmoving and demolition services' are attracted only if these services are provided independently and not as part of a complete work. The Tribunal concluded that the composite contract could only be taxed under 'Mining Services' from 18.06.2007, and not under 'Site Preparation' or 'Cargo Handling Services' before that date.

3. Time-Barred Demand and Imposition of Penalties:
The appellant contended that the demand was time-barred as the issue was one of interpretation of classification of services, and the extended period and penalty could not be invoked. The Tribunal did not delve into the time-bar aspect as it decided the appeal on merits in favor of the appellant. The Tribunal set aside the Order-in-Original dated 10.10.2011, holding that the activities undertaken by the appellant under a composite contract amounted to providing 'Mining Services,' which were chargeable to Service Tax only from 18.06.2007.

Conclusion:
The Tribunal allowed the appeal filed by the appellant, setting aside the Order-in-Original dated 10.10.2011. It concluded that the activities under the composite contract amounted to providing 'Mining Services,' taxable only from 18.06.2007. The Tribunal did not address the time-bar aspect as the appeal was decided on merits.