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2024 (12) TMI 1300 - AT - Service TaxClassification of service - activities carried out by the Appellant for the period from 10.09.2004 to 31.01.2009 fall under the category of Erection Commissioning or Installation service or they fall under the category of Works Contract Service? - invocation of extended period of limitation. Classification of services - HELD THAT - The issue is no more res integra the issue is settled by the judgment of Hon ble Supreme Court in the matter of COMMISSIONER CENTRAL EXCISE CUSTOMS VERSUS M/S LARSEN TOUBRO LTD. AND OTHERS 2015 (8) TMI 749 - SUPREME COURT and the activities carried out by the Appellant which includes supply of goods and materials and when the Appellant had paid VAT as applicable under Works Contract to consider the gross amount as consideration and to classify the goods under the category of Erection Commissioning or Installation services is unsustainable. Conclusion - For the period 10.09.2004 to 01.06.2007 the appellant is not liable to service tax under the category of Erection Commissioning or Installation services in view of the decision of the Hon ble Supreme Court in the case of M/s. Larsen and Toubro Ltd. Further for the period 01.06.2007 to 31.01.2009 the activity of the appellant is classifiable under Works Contract service and is eligible for composition scheme under Works Contract (payment of Service Tax Composition Scheme) Rules 2007. Appeal alowed.
1. ISSUES PRESENTED and CONSIDERED The primary legal question addressed in this judgment is whether the activities carried out by the Appellant from 10.09.2004 to 31.01.2009 should be classified under 'Erection, Commissioning or Installation' services or 'Works Contract' services for the purpose of service tax liability. 2. ISSUE-WISE DETAILED ANALYSIS Issue: Classification of Services Relevant Legal Framework and Precedents: The legal framework involves the Finance Act, 1994, specifically Section 65(105), which addresses service tax liability. The case heavily references the Supreme Court decision in CCE, Kerala Vs. Larsen & Toubro Ltd., which clarified that 'Works Contract' services were not liable for service tax prior to 01.06.2007. The judgment also considers various notifications and tribunal decisions that provide exemptions and composition schemes for service tax on 'Works Contract' services. Court's Interpretation and Reasoning: The Tribunal interpreted the activities of the Appellant as falling under 'Works Contract' services rather than 'Erection, Commissioning or Installation' services. It relied on the precedent set by the Supreme Court in the Larsen & Toubro case, which established that 'Works Contract' services were not taxable prior to 01.06.2007. The Tribunal also noted that the Appellant had paid VAT, which supported the classification as 'Works Contract'. Key Evidence and Findings: The Tribunal considered various invoices and contracts submitted by the Appellant, which included the supply of materials and other activities associated with 'Works Contract'. The Appellant's argument was further supported by the fact that VAT was paid, indicating the nature of the contract as a 'Works Contract'. Application of Law to Facts: The Tribunal applied the Supreme Court's interpretation from the Larsen & Toubro case to determine that the Appellant's activities prior to 01.06.2007 were not subject to service tax under 'Erection, Commissioning or Installation' services. For the period after 01.06.2007, the Tribunal recognized the applicability of the composition scheme for 'Works Contract' services. Treatment of Competing Arguments: The Tribunal considered the Respondent's argument that the activities fell under 'Erection, Commissioning or Installation' services but found it unsustainable in light of the Supreme Court's ruling and the evidence provided by the Appellant. The Appellant's reliance on various judicial precedents and notifications was found to be persuasive. Conclusions: The Tribunal concluded that for the period from 10.09.2004 to 01.06.2007, the Appellant's activities were not liable for service tax under 'Erection, Commissioning or Installation' services. For the period from 01.06.2007 to 31.01.2009, the activities were classifiable under 'Works Contract' services, eligible for the composition scheme. 3. SIGNIFICANT HOLDINGS Preserve Verbatim Quotes of Crucial Legal Reasoning: "We find that the issue is no more res integra, the issue is settled by the judgment of Hon'ble Supreme Court in the matter of M/s Larsen & Toubro, Ltd., and the activities carried out by the Appellant, which includes supply of goods and materials and when the Appellant had paid VAT as applicable under Works Contract, to consider the gross amount as consideration and to classify the goods under the category of Erection, Commissioning or Installation services is unsustainable." Core Principles Established: The judgment reaffirms the principle that 'Works Contract' services are not taxable prior to 01.06.2007, as established by the Supreme Court. It also highlights the importance of considering VAT payments and the composition of contracts when determining service tax liability. Final Determinations on Each Issue: The Tribunal allowed the appeal, determining that the Appellant was not liable for service tax under 'Erection, Commissioning or Installation' services for the period before 01.06.2007 and was entitled to the benefits of the composition scheme for 'Works Contract' services thereafter.
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