2019 (3) TMI 1284 - AT - Service Tax

Classification of services - mining services or not - activity undertaken by the appellant under a contract with M/s Northern Coal Fields i.e. loading/ unloading of coal, transportation of Coal within the mining area, removal of over-burden coal within the mining area etc. - Held that - The issue is no more res-integra. Tribunal in the case of M/s Ashirwad Equipments Pvt. Ltd. v/s Commissioner of Customs, Central Excise & Service Tax, Allahabad 2018 (9) TMI 1209 - CESTAT ALLAHABAD has held that the said activities would not be taxable - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
1. Classification of services provided by the appellant under a contract with M/s Northern Coal Fields as mining services for the purpose of levying service tax.
2. Validity of demand against the appellant by invoking a longer period of limitation.
3. Imposition of interest and penalties on the appellant.

Analysis:

Issue 1: Classification of services as mining services
The Tribunal considered whether the activities undertaken by the appellant, including loading/unloading of coal, transportation of coal within the mining area, and removal of over-burden coal, could be classified as mining services for the purpose of levying service tax. The Lower Authorities had classified the activities as mining services and confirmed the demand against the appellant. However, the Tribunal referred to a previous decision in the case of M/s Ashirwad Equipments Pvt. Ltd. v. Commissioner of Customs, Central Excise & Service Tax, Allahabad, where it was held that similar activities were not taxable as mining services. The Tribunal cited other relevant decisions to support this conclusion, emphasizing that the mere handling and movement of coal within a mining area did not constitute mining services for the purpose of service tax. Consequently, the Tribunal set aside the impugned order and allowed the appeal on this ground.

Issue 2: Longer period of limitation
The Tribunal did not delve into the specifics of the longer period of limitation invoked by the Lower Authorities. However, the decision to allow the appeal based on the classification of services as non-taxable under mining services implies that the demand against the appellant, which was confirmed by invoking the longer period of limitation, was not sustainable.

Issue 3: Imposition of interest and penalties
The judgment did not provide detailed analysis regarding the imposition of interest and penalties on the appellant. However, since the Tribunal allowed the appeal based on the classification of services as non-taxable under mining services, it can be inferred that the imposition of interest and penalties related to the demand for service tax on the activities deemed non-taxable would also be set aside.

In conclusion, the Tribunal's decision in this case clarified the classification of the services provided by the appellant as not falling under the category of mining services for the purpose of service tax, based on precedent decisions. This resulted in setting aside the demand against the appellant, including interest and penalties, and allowing the appeal on this ground.