2010 (5) TMI 146 - AT - Service Tax

Good Transport Agency services- The assessees have filed applications to raise additional ground that they received services from individual truck/tractor operators who do not fall within the definition of GTA services. Held that- The details of owners of vehicles on which the goods were loaded were not available before the authorities below, thus remand back the matter.

Summary

Issues:
Service Tax demand on the basis of receiving Good Transport Agency services; Imposition of penalties; Additional ground raised regarding services from individual truck/tractor operators not falling under the definition of GTA; Lack of details of vehicle owners; Remand for verification and fresh decision by the adjudicating authority.

Service Tax Demand and Penalties:
The Appellate Tribunal, Chennai confirmed the Service Tax demand against both assessees for receiving Good Transport Agency services and imposed penalties. However, during the appeal, the assessees raised an additional ground based on a Tribunal decision stating that service tax is not payable when services are rendered by individual truck/transport operators not falling under the GTA definition. The Tribunal allowed the applications and ordered accordingly.

Verification of Individual Operators:
The Tribunal noted that details of the owners of vehicles were not available before the authorities. To ensure justice, the case was remanded to the adjudicating authority for verification of the assessees' submissions. If it is confirmed that the transporters were indeed individuals, the demand cannot be sustained as per the Tribunal's decision in a relevant case. The Tribunal directed fresh orders to be passed after providing a reasonable opportunity of hearing to the assessees.

Remand and Decision:
Both appeals were allowed by way of remand, indicating that the cases were sent back to the adjudicating authority for further verification and a fresh decision. The orders were set aside, and the authority was instructed to pass new orders after hearing the assessees. The judgment was dictated and pronounced in open court by Hon'ble Smt. Jyoti Balasundaram, Vice-President of the Appellate Tribunal CESTAT, Chennai on 14-05-2010.