2018 (7) TMI 1132 - AT - Service Tax

Business Auxiliary Services - the respondent was providing services of supplying bed rolls to the Indian Railways, Jodhpur under a contract during the period w.e.f. 14.01.2005 to 29.02.2008 - Department has demanded the service tax payable on the amount received by the respondent from the Railways for the above said period in respect of the said services being provided to the passengers of the Railways. Held that - What the respondent in this case was doing was supplying the cleaned linen to the Railways where, after the job of that particular day for the contractor stands over. It is also apparently clear that respondent contractor was not required to come in contact with the passengers which means no service he was rendering whether on behalf of the Railways, to the passengers/ the service recipients of Railways. The contractor was not even required to berth the washed/ cleaned linen in each Railway coach. The activity of washing and cleaning is apparently on principle-to-principle basis. The services provided by the respondent has rightly been held to be service provided by him to the Railways and not to the passengers on behalf of the Railways - demand under the head Business Auxiliary Services cannot sustain - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Classification of services provided by the respondent under "Business Auxiliary Service" (BAS) or "Customer Care Services".
2. Interpretation of the agreement between the respondent and the Railway Administration.
3. Determination of whether the services rendered were to the Railways or to the passengers.

Analysis:
1. The case involved a dispute regarding the classification of services provided by the respondent as either "Business Auxiliary Service" (BAS) or "Customer Care Services" under the Finance Act, 1994. The Department alleged that the services of supplying bed rolls to the Indian Railways fell under "Customer Care Services" taxable under Section 65(105)(zzb) of the Act. The original Order confirmed the demand for service tax, which was set aside by the Commissioner (Appeals). The Revenue appealed against this decision.

2. The Tribunal examined the agreement between the respondent and the Railway Administration dated 14.01.2005. The agreement required the respondent to wash, dry clean, and iron linen, blankets, etc., of AC coaches and retiring rooms at Jodhpur Railway Station. The respondent collected articles from the Railway, processed them, and returned them with their own transport arrangements. The agreement included provisions for penalties in case of delays or defaults, emphasizing a commercial relationship for cleaning services.

3. The Tribunal concluded that the respondent's services involved supplying cleaned linen to the Railways, not directly to the passengers. The respondent was not required to interact with passengers or berth cleaned linen in each coach, indicating a principal-to-principal relationship. The absence of terms indicating passenger care services led to the rejection of the Revenue's appeal. The Tribunal distinguished a previous case where bed rolls were provided directly to passengers, highlighting the specific nature of the services in the present case.

In summary, the Tribunal upheld the decision that the services provided by the respondent were to the Railways and not to the passengers on behalf of the Railways. The classification as "Business Auxiliary Service" was deemed appropriate, and the appeal by the Revenue was rejected on 17.07.2018.