2024 (7) TMI 186 - AT - Service Tax

Levy of service tax under Reverse Charge Mechanism - Goods Transport Agency (GTA) - manufacture of marble slab and tiles for which they obtain marble blocks from various mines and also engage individual transporters and truck owners for transportation of marble blocks - HELD THAT - During the post negative era w.e.f. 01.07.2012 Individual Transporters are not taxable under the provisions of Section 66D(p)(i). The present show cause notice covers the period from April, 2015 to March, 2016 and hence, the appellants are not liable to pay service tax. The impugned order is set aside - appeal allowed.

Summary

Issues:
Challenge to liability for service tax under Reverse Charge Mechanism (RCM) for Goods Transport Agency (GTA) services.

Analysis:
The appellants, engaged in manufacturing marble slab and tiles, challenged the order-in-appeal holding them liable for service tax under RCM for GTA services. Show cause notices were issued for the period April 2015 to March 2016, proposing the demand of service tax. The appellants obtained marble blocks from mines and engaged individual transporters and truck owners for transportation. The learned counsel argued that the matter was covered by a previous Tribunal decision in their own case and referred to various decisions of Coordinate Benches, including one from the Ahmedabad Bench. The Tribunal clarified the legal position that not all persons transporting goods by road qualify as GTAs; to qualify as a GTA, the person must issue a consignment note. As the appellants did not issue consignment notes in their transportation services, they did not qualify as GTAs and were exempt under the negative list entry of the Finance Act, 1994.

In a previous order involving the appellants, it was established that without issuing a consignment note, service tax cannot be recovered under the GTA category. The Tribunal reiterated this principle and held that since the appellants did not issue consignment notes in their transportation services, they could not be made liable to pay service tax under the GTA category. The Authorized Representative for the Revenue agreed that the matter was covered by earlier decisions, including one passed in the appellant's case on 30th April 2024.

The Tribunal concluded that individual transporters were not taxable under Section 66D(p)(i) during the post-negative era, effective from 1st July 2012. As the show cause notice covered the period from April 2015 to March 2016, the appellants were not liable to pay service tax. Therefore, the impugned order was set aside, and both appeals were allowed.

This judgment clarifies the criteria for qualifying as a GTA and the exemption under the negative list entry of the Finance Act, 1994. It also reaffirms the principle that without issuing consignment notes, service tax cannot be recovered under the GTA category. The decision provides clarity on the tax liability of individual transporters and the applicability of Section 66D(p)(i) during the post-negative era.