2008 (2) TMI 80 - AT - Service Tax

Whether bottling of liquor amounts to manufacture of liquor or only packaging so as to attract the service tax conflicting decisions issue is under reference before HC s Larger Bench impugned activity is liable to excise duty or service tax - issue is highly debatable and therefore we are of the view that the benefit should go in favour of the appellants and the requirement of pre-deposit therefore should be dispensed with

Summary

Issues:
1. Whether the activities carried out by the appellants are covered by the manufacturing process to be exempt from service tax.

Analysis:
1. The appeals were heard regarding the point of stay, with the appellants seeking a waiver of the pre-deposit requirement. The main issue was whether the activities conducted by the appellants fell within the manufacturing process, thus exempting them from service tax. Reference was made to a judgment of the Madhya Pradesh High Court in a similar case.

2. The Revenue argued that the activities of the appellants, which included packaging and labeling in addition to bottling, were not solely manufacturing and were subject to service tax under the Finance Act, 1994. They relied on another decision of the Madhya Pradesh High Court which highlighted the difference between bottling and packaging activities. The conflicting opinions in the two cases led to a reference to a Larger Bench by the Madhya Pradesh High Court to resolve the issue of whether bottling amounts to manufacturing for tax purposes.

3. The Revenue contended that both excise duty and service tax could be applicable based on dissecting the activities of the appellants. However, acknowledging the debatable nature of the issue, the Tribunal ruled in favor of the appellants, waiving the pre-deposit requirement due to the benefit of doubt.

4. Consequently, the Tribunal granted a full waiver of the pre-deposit of duty and penalty, allowing the stay petition. The appellants were permitted to request an early listing of the appeal following the resolution of the related case by the Madhya Pradesh High Court.

This judgment showcases the complexity of determining whether certain activities fall under the manufacturing process exempt from service tax or are subject to taxation under the service tax laws. The Tribunal's decision to grant a waiver of the pre-deposit requirement in favor of the appellants reflects the uncertainty and debate surrounding the issue, especially in light of conflicting judgments and pending references to a Larger Bench for clarification.