2010 (1) TMI 162 - AT - Service Tax

Transport of goods by road service- The appellant herein engaged in the manufacture of polished granite monuments/slabs/tiles. They were availing services of goods transport agency for transporting both their inward as well as outward goods and hence liable to service tax as per rule 2(1)(d)(v) of the service tax rules 1994 and since they have failed to pay the service tax on the value of service during the period in dispute a show cause notice were issued proposing recovery of service tax and penal action. Commissioner (appeals) uphold the order. In the light of the decision of CCE & C v. Kanaka Durga Agro Oil Products (P.) Ltd. 2009 -TMI - 34581 - CESTAT BANGLORE held that- transport undertaken by individuals owning and operating lorry and trucks is not subject to service tax as in these cases services has not been provided by Goods Transport Agency Service. Thus the appellants are not liable to Service tax and imposition of penalty. I therefore set aside the impugned orders and allow these appeals.

Summary

Issues: Liability for service tax on transportation services provided by individual truck owners/lorry owners instead of Goods Transport Agency.

Analysis:
1. The appellants, engaged in the manufacture of polished granite monuments/slabs/tiles, used the services of a Goods Transport Agency for transporting their goods. The issue revolved around their liability to pay service tax under rule 2(1)(d)(v) of the Service Tax Rules, 1994 for the transportation services provided during the disputed period.

2. The show-cause notices were issued due to the failure of the appellants to pay the service tax on the value of the transportation services. The adjudication confirmed the demand for service tax in one case and imposed a penalty due to the proposal for penal action, which was subsequently upheld by the Commissioner (Appeals), leading to the appeals.

3. During the proceedings, the appellants consistently argued that the transportation services were not provided by a Goods Transport Agency but by individual truck owners/lorry owners. They supported their claim with written submissions, emphasizing that the services were not subject to service tax based on previous decisions by the Tribunal in similar cases.

4. The Tribunal referred to the decisions in the cases of Lakshminarayana Mining Co. v. CST and CCE & C v. Kanaka Durga Agro Oil Products, where it was established that transport services provided by individuals owning and operating lorries and trucks are not subject to service tax since they do not fall under the purview of Goods Transport Agency services.

5. Following the precedent set by the above decisions, the Tribunal concluded that the appellants were not liable to pay service tax or face penalty for the transportation services provided by individual truck owners/lorry owners. Consequently, the impugned orders were set aside, and the appeals were allowed in favor of the appellants.