2017 (4) TMI 647 - AT - Service Tax

Laying optical fibre cable alongside or under the road - Site Formation and Clearance Excavation and Earthmoving or not? - taxability - Held that - The C.B.E. & C. Circular No. 123/05/2010-ST dated 24-5-2010 has specifically clarified in Sl. No. 2 of the Table under Para 3 that such activity will not be liable to service tax under any of the sub-clause of sub-section (105) of Section 65 of the FA 1994 - It stands further clarified later that the word cable will include all types of cables including electrical cables as well as optical fibre cables - service not taxable - appeal rejected - decided against Revenue.

Summary

Issues:
1. Dispute regarding service tax demand for laying optical fibre cables.
2. Interpretation of the scope of work undertaken by the respondent.
3. Applicability of C.B.E. & C. Circular on non-taxability of laying cables alongside or under the road.

Analysis:
1. The appeal was filed by Revenue against the Order-in-Original passed by the Commissioner regarding the service tax demand for laying optical fibre cables for telecom service providers. The respondent's activity of laying cables alongside or under the road was the subject of dispute, with the demand being dropped based on a Board's clarification. Revenue argued that the work undertaken by the respondent, mentioned as "trenching for laying cables/drain pipes" in agreements, falls outside the non-taxable category as per the Circular.

2. It was acknowledged that the respondent laid optical fibre cables through pipes alongside or under the road, involving activities like digging trenches, laying cables, and filling them up. The Tribunal recognized that such activities are integral to the process of laying cables and fall within the definition of laying cables alongside or under the road. The C.B.E. & C. Circular explicitly stated that such activities, including laying optical fibre cables, are not taxable under the relevant provisions of the Finance Act, 1994. The term "cable" encompassed various types, including optical fibre cables, as clarified by the Circular.

3. Considering the specific clarification in the Circular and the nature of activities undertaken by the respondent, the Tribunal found no merit in Revenue's appeal. The appeal was rejected, and the Order-in-Original dropping the service tax demand was upheld. The judgment emphasized the applicability of the Circular's provisions in determining the tax liability for activities related to laying cables alongside or under the road, including optical fibre cables.