2007 (11) TMI 245 - AT - Service Tax

Cargo Handling Services there is evidence to show that assessee were only supplying labourers to HLL and labourers were working under the control of M/s. HLL for handling the goods within the factory for shipment, etc - no infirmity in Commissioner (Appeals) following the Tribunal s ruling in J&J Enterprises v. CCE - supply of labour will not come within the ambit of Cargo Handling Services

Summary

Issues: Revenue's appeal against the order setting aside levy of service tax on the supply of labourers for cargo handling services.

In this case, the main issue was whether the supply of laborers by the respondent to a company for handling goods within the factory should be considered as 'Cargo Handling Services' for the purpose of levying service tax. The Revenue contended that the activity fell within the ambit of 'Cargo Handling Services' and should be taxed accordingly. However, the respondent argued that they were merely supplying laborers who were working under the control of the company, following all labor legislations, and therefore, the service provided did not constitute 'Cargo Handling Services'. The Commissioner (Appeals) agreed with the respondent's argument, noting that the labor contractors were registered under the Department of Labor and were complying with all labor laws. The Commissioner also relied on a previous Tribunal ruling that supported the view that supplying manpower did not equate to providing 'Cargo Handling Services'.

Upon review, the Appellate Tribunal found that the Commissioner (Appeals) had appropriately considered the issue and had correctly relied on the previous Tribunal ruling in a similar case. The Tribunal noted that the order in question had not been appealed before higher authorities, and therefore, upheld the decision to set aside the levy of service tax on the supply of laborers for cargo handling services. The Tribunal concluded that there was no merit in the Revenue's appeal and rejected it accordingly.