2018 (7) TMI 1786 - AT - Service Tax

Classification of Services - Composite contract - respondents were engaged in transport of coal within the mining area and loading and unloading were ancillary to the same - GTA Services or mining services? - CBEC s Circular No.186/5/2015-ST dated 05.10.2015 - Held that - The Revenue could not satisfactorily establish that the transactions in the present appeal are not covered by the said clarification dated 05.10.2015 issued by CBEC. Further Revenue did not contradict the finding of the original authority that same service has been subjected to payment of service tax treating the same as GTA Service - Appeal dismissed - decided against Revenue.

Summary

Issues:
Classification of services under 'Cargo Handling Service' for the transportation of coal within a mining area. Applicability of Service Tax under Section 73 of Finance Act, 1994. Interpretation of CBEC Circular No.186/5/2015-ST dated 05.10.2015. Divisibility of the contract for levying service tax on loading and unloading activities.

Classification of services under 'Cargo Handling Service': The case involved a dispute regarding the classification of services provided by the respondent for transporting coal within a mining area. The Revenue contended that the activity fell under 'Cargo Handling Service,' leading to a demand for Service Tax. However, the respondent argued that the services were rightly classified under Goods Transport Agency (GTA) Service, as the transportation was within the mining area and included loading and unloading as ancillary services.

Applicability of Service Tax under Section 73 of Finance Act, 1994: A show cause notice was issued to the respondent demanding Service Tax for the financial year 2014-15. The respondent defended their position by stating that they were providing GTA Services to the recipients, who were paying Service Tax under the reverse charge mechanism. The Commissioner dropped the proceedings after finding that the services did not fall under 'Cargo Handling Service' and the recipients were discharging their tax liability under GTA Services.

Interpretation of CBEC Circular No.186/5/2015-ST: The respondent and the Original Authority relied on CBEC Circular No.186/5/2015-ST, which clarified that ancillary services like loading and unloading should be counted towards GTA Services if provided by a GTA Service provider during the transport of goods by road. The Circular was a crucial factor in the decision-making process and was cited to support the argument that the loading and unloading activities were ancillary to the transportation service.

Divisibility of the contract for levying service tax on loading and unloading activities: The Revenue argued that the contract was divisible, and service tax should have been levied on the loading and unloading part separately. However, the respondent contended that the loading and unloading activities were ancillary to the main transportation service within the mining area, and the issue was covered by CBEC Circular and a previous decision of the Tribunal.

In the final judgment, the Tribunal upheld the Order-in-Original, rejecting the appeal filed by the Revenue. The Tribunal found that the Revenue failed to establish that the transactions were not covered by the CBEC Circular and did not provide sufficient grounds for appeal. Therefore, the decision of the Original Authority to drop the proceedings was upheld based on the interpretation of the relevant circular and the nature of the services provided within the mining area.