2022 (4) TMI 370 - AT - Service Tax

Classification of services - activity of transportation of the minerals from the stock yard to the railway siding - cargo handling services or Transport of goods by road agency service? - appellant paid service tax under reverse charge mechanism on part of the contract under Transport of goods by road agency service - applicability of reverse charge mechanism - HELD THAT - The agreement itself provides for detailed break-up of rates for each of the two activities to be undertaken by the Appellant. A plain reading of these rate schedules will show that the essence of the contract is transportation of mineral along with loading of the same in wagons. Since in the present case the contract is vivisectable, the demand for transport work under cargo handling service cannot succeed. Also there is no counter made to the claim of the Appellant on payment of service tax under reverse charge mechanism by the recipient on such amounts by the department - appeal allowed - decided in favor of appellant.

Summary

Issues:
Confirmation of demand under Cargo Handling Service category for transportation of minerals from stock yard to railway siding.

Analysis:
The appeal was filed by M/s. Maa Tarini & co. against the demand confirmation under Cargo Handling Service category for their activity of transporting minerals from the stock yard to the railway siding. The authorities held that this activity qualifies as "cargo handling services" under the Finance Act, 1994, and imposed service tax on the gross amount received by the Appellant. The Appellant argued that their work does not fall under "cargo handling services" and that the recipient had already paid service tax under the reverse charge mechanism for part of the contract under Transport of goods by road agency service.

The ld. Consultant for the Appellant referred extensively to the agreement and rate schedules, stating that the activities considered by the department as cargo handling services are part of the main transportation activity. He argued that the work undertaken by the Appellant, involving transportation of minerals over a short distance and loading onto wagons, should not be taxed under Cargo Handling services. The Consultant cited legal precedents and clarifications from the C.B.E. & C. to support the Appellant's position.

On the other hand, the Departmental Representative contended that the entire activity of the Appellant falls under cargo handling services, and the contract cannot be separated into transport and loading to avoid service tax on transportation activity. The representative emphasized that the responsibility of the Appellant ends only after loading the minerals onto railway wagons, supporting the original authority's decision to hold the Appellant liable for tax under cargo handling service.

After hearing both sides, the Tribunal examined the terms of the agreement and observed that the essence of the contract was transportation of minerals along with loading onto wagons. Citing previous Tribunal decisions, the Tribunal concluded that the demand for transport work under cargo handling service cannot succeed when the contract is vivisectable. Additionally, the Tribunal noted that there was no rebuttal to the Appellant's claim of payment under the reverse charge mechanism by the recipient. Consequently, the impugned order was set aside, and the appeal was allowed with consequential benefits to the Appellants.

This judgment highlights the importance of analyzing the specific terms of the contract to determine the nature of services provided and the applicability of tax liabilities. It also underscores the significance of legal precedents and clarifications in interpreting statutory definitions and resolving disputes related to service tax classifications.