2017 (5) TMI 341 - AT - Service Tax

Site Formation, Excavation and Clearance Service - dumping of waste material within the plant premises at locations shown during the site visit and also does the dozing and leveling (as required) - whether the activity undertaken by the respondent in the factory premises of M/s Sunflag Iron and Steel Co. Ltd. will fall under the category of Site Formation, Excavation and Clearance Service during the period 2005-06 to 2009-10? - Held that - perusing the definition of Site Formation and Clearance, excavation and earthmoving and demolition Service, the activity undertaken by respondent will not fall under any of the category - appeal rejected - decided against Revenue.

Summary

Issues:
Determining whether the activity undertaken by the respondent in the factory premises falls under Site Formation, Excavation, and Clearance Service during 2005-06 to 2009-10.

Analysis:
The appeal was filed by Revenue against an Order-in-Appeal passed by the Commissioner of Central Excise & Customs, Nagpur. The primary issue in question was whether the respondent's activities at M/s Sunflag Iron and Steel Co. Ltd. constituted Site Formation, Excavation, and Clearance Service. The Revenue argued that the work order issued clearly fell under this category, involving transportation, dumping of waste material, dozing, and leveling. However, the first appellate authority set aside the adjudication order, leading to the current appeal. The definition of Site Formation and Clearance Service was crucial, as it did not encompass the specific activities undertaken by the respondent. The Tribunal found no merit in the Revenue's arguments, emphasizing that the activities did not align with the defined scope of services.

The Tribunal referenced the definition of Site Formation and Clearance Service, highlighting activities such as drilling, boring, soil stabilization, and land reclamation, none of which matched the respondent's work. The first appellate authority's detailed analysis was crucial in determining that the respondent's activities were limited to transportation and dumping of waste material, excluding dozing and leveling. The clarification provided by M/s Sunflag Iron and Steel Co. Ltd. in subsequent letters further supported the respondent's position. The Tribunal concurred with the first appellate authority's findings, concluding that the services rendered did not constitute Site Formation and Clearance Services, as claimed by the Revenue.

In conclusion, the Tribunal upheld the impugned order, deeming it correct and legal, while rejecting the appeal for lack of merit. The detailed analysis of the activities, work orders, and clarifications provided a clear understanding of why the respondent's actions did not fall under the specified category of services. The judgment emphasized the importance of aligning the actual activities with the defined scope to determine the applicability of service tax, ultimately ruling in favor of the respondent based on the evidence and interpretations presented.