2017 (1) TMI 608 - AT - Service Tax

Works contract service - commercial and industrial construction service and erection, commissioning or installation service - period prior to 01/06/2007 - Held that - the Hon ble Supreme Court decision in Larsen & Toubro Ltd. 2015 (8) TMI 749 - SUPREME COURT is applicable. As such, there can be no service tax liability on the appellant/assessee for the period prior to 01/06/2007 - service tax demand confirmed for the period prior to 01/06/2007 cannot be sustained. Period post 01/06/2007 - Held that - after the decision of the Hon ble Supreme Court in Larsen & Toubro Ltd. 2015 (8) TMI 749 - SUPREME COURT , the legal position is that there could be no service tax levy on the composite works contract prior to 01/06/2007. Such finality has been pronounced by the Hon ble Supreme Court only in 20/08/2015. Accordingly, the liability of composite works contract stand upheld w.e.f. 01/06/2007. The tax liability has to be arrived at applying the rate applicable, including the composition rate, if all the conditions thereof are fulfilled by the appellant/assessee. The appeal filed by the appellant/assessee is allowed to the extent of non-leviability of service tax prior to 01/06/2007 and restricting the demand for normal period post 01/06/2007 - penalties set aside - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Service tax liability on composite works contract for the period prior to 01/06/2007.
2. Applicability of composition scheme for payment of service tax post 01/06/2007.
3. Imposition of penalties under Section 78 and Section 76.

Analysis:
1. The judgment revolves around the service tax liability on composite works contracts. The appellant/assessee, engaged in setting up petrol pumps, contested the service tax demand for the period prior to 01/06/2007, citing the decision in Larsen & Toubro Ltd. v. State of Karnataka. The Tribunal concurred, ruling no service tax liability existed pre-01/06/2007, aligning with the Supreme Court's precedent. Consequently, the service tax demand for this period was deemed unsustainable.

2. Post 01/06/2007, the service tax liability under works contract service was examined. The Tribunal upheld the imposition of service tax for this period, extending the benefit of the composition scheme for payment. It was noted that the composition scheme could not be denied solely based on non-prior exercise of the option, referencing past Tribunal decisions. The Tribunal rejected the Revenue's reliance on Nagarjuna Constn. Co. Ltd. v. Government of India, deeming it inapplicable in the current context. The legal position post the Larsen & Toubro Ltd. judgment was clarified, affirming the service tax levy on composite works contracts from 01/06/2007 onwards.

3. Regarding penalties under Section 78 and Section 76, the Tribunal set them aside in line with the discussion on the non-leviability of service tax pre-01/06/2007 and the restricted demand post this date. The appellant/assessee's appeal was allowed on these grounds, while the Revenue's appeal was dismissed, concluding the judgment in favor of the appellant/assessee.

This detailed analysis of the judgment provides a comprehensive understanding of the issues addressed and the Tribunal's rulings on each aspect of the case.