2024 (1) TMI 639 - AT - Service Tax

Recovery of short paid service tax alongwith interest and penalty - construction of slaughter house for Kolkata Municipal Corporation - Rule 21 of CESTAT Procedure Rules, 1982 - HELD THAT - The slaughter house was established for Kolkata Municipal Corporation in terms of Article 243W read with Schedule 12th of the Constitution of India. Nothing as observed by the Commissioner (Appeals) has been placed on record to show that the said slaughter house was for commerce and industry. On the contrary in terms of Article 243W this was the responsibility of the municipal corporation. That being so, Appellant is entitled to benefit of Sr. No.12(a) of Mega Exemption Notification No.25/2012-ST dated 20.06.2012. There are no merits in this appeal and the Revenue appeal is dismissed.

Summary

Issues:
The issues involved in this case are the demand of Service Tax, interest under Section 75 of the Finance Act, 1994, penalties under Sections 77 and 78 of the Finance Act, 1994, and the applicability of Mega Exemption Notification No.25/2012-ST.

Service Tax Demand and Penalties:
The Commissioner (Appeals) confirmed the demand of Service Tax amounting to Rs.1,20,99,300 against the party, M/s Meatek Food Machineries India (P) Ltd., for undertaking work related to Design & Engineering, Land & Site Development, and Civil works for the construction of a slaughterhouse for Kolkata Municipal Corporation. The Commissioner also ordered the party to pay interest under Section 75 and imposed penalties under Sections 77 and 78 of the Finance Act, 1994. The Revenue filed an appeal challenging this decision.

Applicability of Mega Exemption Notification:
The impugned order observed that the construction of the slaughterhouse for Kolkata Municipal Corporation falls under para 12(a) of the Mega Exemption Notification No.25/2012-ST. This notification exempts services provided to the Government, a local authority, or a governmental authority by way of construction, erection, commissioning, installation, etc., meant predominantly for use other than for commerce, industry, or any business. The Tribunal found that the slaughterhouse was established for the municipal corporation's regulatory functions and thus qualified for the exemption.

Decision and Rationale:
The Tribunal considered the impugned order, submissions, and arguments made during the appeal. It noted that the construction of the slaughterhouse for the Kolkata Municipal Corporation was within the regulatory functions of the local body as per the Constitution. The Tribunal referenced previous cases to support the conclusion that services provided to statutory authorities like the municipal corporation are not commercial in nature and are exempt from service tax. Therefore, the Tribunal found no merit in the Revenue's appeal and dismissed it.

In conclusion, the Tribunal upheld the Commissioner (Appeals) decision based on the applicability of the Mega Exemption Notification and the nature of the services provided to the Kolkata Municipal Corporation. The appeal filed by the Revenue was dismissed, and the party was entitled to the benefit of the exemption under the notification.