2018 (7) TMI 1212 - AT - Service Tax

Levy of Service Tax - respondent-assessee is engaged in providing the services to the government assets, WBM work, construction of pavement & Foot path, construction of roads, widening of roads, drainage of water etc. for Cantonment Board, Jabalpur - Management, Maintenance of Repair of roads Services or not? - Held that - The Cantonment Board is a local body and is not a commercial organisation under the Ministry of Defence. Hence, the services provided by the respondent-assessee are not subject to Service tax - appeal dismissed - decided against Revenue.

Summary

Issues Involved:
Department's appeal against the order of the Commissioner (Appeals) regarding service tax applicability on services provided to Cantonment Board.

Analysis:
The three appeals were filed by the department challenging the order passed by the Commissioner (Appeals) regarding the service tax applicability on services provided to the Cantonment Board, Jabalpur. The respondent-assessee was engaged in various activities for the Cantonment Board, such as WBM work, construction of roads, widening of roads, etc. The department argued that the services provided fall under the category of 'Management, Maintenance of Repair of roads' and are therefore subject to service tax. However, the Commissioner (Appeals) noted that the Cantonment Board is a statutory local body under the Ministry of Defence and is not a commercial organization.

During the proceedings, arguments were presented by Sh. P. Junena, ld. AR for the Revenue, and Sh. Inderjeet Yadav, ld. Advocate for the respondent-assessee. After considering the submissions and examining the records, the Tribunal concurred with the Commissioner (Appeals) that the Cantonment Board is a local body and not a commercial organization under the Ministry of Defence. Consequently, the services provided by the respondent-assessee were deemed not subject to service tax. The Tribunal found no grounds to interfere with the impugned order and upheld it along with the reasons provided therein.

As a result, all the appeals filed by the department were dismissed by the Tribunal. The decision was dictated and pronounced in the open court, bringing the matter to a conclusion.