2018 (3) TMI 19 - AT - Service Tax

Classification of services - services of the nature of loading & unloading of goods, breaking & segregation and also transportation of goods by road services - Held that - the activities carried out by the assessee-Respondents are primarily transportation of goods and loading & unloading etc. which are incidental to the transportation of goods. Such activities cannot be covered within the services of Cargo Handling - appeal dismissed - decided against Revenue.

Summary

Issues: Classification of services rendered by the assessee-Respondents under Cargo Handling Services for Service Tax purposes.

In this judgment by the Appellate Tribunal CESTAT KOLKATA, the Department appealed against the Order-in-Appeal passed by the Commissioner of Central Excise & Service Tax (Appeals), Ranchi. The dispute revolved around the classification of services provided by the assessee-Respondents, which included loading & unloading of goods, breaking & segregation, and transportation of goods by road services. The Department contended that these services fell under Cargo Handling Services, without abatement for Service Tax payment. The assessee-Respondents argued that the activities were incidental to transportation of goods by road services. The lower authorities relied on CBEC Circular No. 104/137/154/2008-CX.4 to support the assessee's position, stating that ancillary services related to transportation of goods, if included in the invoice by the GTA, should be classified as GTA services. The Tribunal examined the definition of Cargo Handling Service under Section 65(23) of the Finance Act, 1994, which includes loading, unloading, packing, or unpacking of cargo. It was concluded that the activities carried out by the assessee-Respondents, primarily transportation of goods and incidental loading & unloading, did not fall under Cargo Handling Services. Therefore, the impugned order approving Service Tax payment as GTA services was upheld, and the Department's appeals were dismissed.