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2025 (3) TMI 845 - AT - Service TaxLiability of service tax - construction services rendered under various work orders which involved supply of materials as well as labour by appellant - HELD THAT - The construction works undertaken was in the nature of Works Contract Service since it involves both supply of material as well as labour. Also it is found that the appellant are registered with Kerala VAT Act 2003 for discharging VAT on works contract service annexed to appeal paper book. The Works Contract Service became taxable w.e.f. 01.06.2007 as held by the Hon ble Supreme Court in the case of Larsen Toubro Ltd. 2015 (8) TMI 749 - SUPREME COURT and in the said case it has been held that prior to 01.06.2007 works contract service cannot be subjected to service tax levy by vivisecting the composite service contract which includes both goods and service. Conclusion - The works contract services involving both goods and services cannot be taxed by dissecting the composite contract prior to June 1 2007. The impugned order is set aside and the appeal is allowed.
ISSUES PRESENTED and CONSIDERED
The primary issue considered in this appeal was whether the construction services provided by the appellant, which involved both the supply of materials and labor under various work orders, were liable for service tax during the period from January 2005 to March 2008. Specifically, the court examined whether these services fell under the category of 'Works Contract Service' and whether they were taxable prior to June 1, 2007. ISSUE-WISE DETAILED ANALYSIS Relevant Legal Framework and Precedents The legal framework centered around the classification of the services provided by the appellant as 'Works Contract Service.' The appellant argued that these services were not taxable prior to June 1, 2007, based on the precedent set by the Supreme Court in the case of Commissioner of C.EX. and CUS., Kerala Vs. Larsen and Toubro Ltd. The Tribunal also referenced the decision in Total Environment Building Systems (P) Ltd. Vs. Deputy Commissioner of Commercial Taxes, which reaffirmed the principles established in the Larsen and Toubro case. Court's Interpretation and Reasoning The Tribunal interpreted the services rendered by the appellant as 'Works Contract Service' since they involved both the supply of materials and labor. This classification was crucial because, according to the Supreme Court's decision in Larsen and Toubro, such services could not be subjected to service tax by dissecting the composite service contract prior to June 1, 2007. The Tribunal emphasized that the principle of stare decisis bound them to follow the precedent set by the Supreme Court. Key Evidence and Findings The Tribunal examined the sample agreement with the Indian Oil Corporation (IOC) annexed to the appeal paper book. This agreement demonstrated that the construction works undertaken by the appellant involved both materials and labor, supporting the classification as 'Works Contract Service.' Additionally, the appellant's registration under the Kerala Value Added Tax Act, 2003, for discharging VAT on works contract service further corroborated this classification. Application of Law to Facts The Tribunal applied the legal principles from the Larsen and Toubro case to the facts of the present case. Since the services in question were rendered before June 1, 2007, the Tribunal concluded that they could not be subject to service tax. The Tribunal found that the appellant's activities fell squarely within the definition of 'Works Contract Service' and thus were non-taxable for the period in question. Treatment of Competing Arguments The Tribunal considered the arguments from both the appellant and the Revenue. The appellant's argument, supported by the Supreme Court's decision in Larsen and Toubro, was that the services were not taxable prior to June 1, 2007. The Revenue's position, as reiterated by the Authorized Representative, was based on the findings of the Commissioner. However, the Tribunal favored the appellant's argument, emphasizing the binding nature of the Supreme Court's precedent. Conclusions The Tribunal concluded that the services rendered by the appellant were indeed 'Works Contract Service' and, as such, were not liable for service tax for the period from January 2005 to March 2008. The Tribunal set aside the impugned order and allowed the appeal with consequential relief, if any, as per law. SIGNIFICANT HOLDINGS The Tribunal's decision reaffirmed the principle established by the Supreme Court in Larsen and Toubro that works contract services involving both goods and services cannot be taxed by dissecting the composite contract prior to June 1, 2007. The Tribunal held that: "The judgment of this Court in the case of Larsen and Toubro Limited has stood the test of time and has never been doubted earlier. Therefore, on the principle of stare decisis, we are of the firm view that the judgment of this Court in the case of Larsen and Toubro Limited, neither needs to be revisited, nor referred to a Larger Bench of this Court as prayed." The Tribunal's final determination was to set aside the impugned order and allow the appeal, providing relief to the appellant in accordance with the law.
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