2025 (4) TMI 1541 - AT - Service Tax

Classification of service - business auxiliary service or mining service? - activities of recovery of embedded iron ore transportation to screening points weighment and billing - HELD THAT - The activity undertaken by the appellant is recovery of embedded iron ore and transporting the same to screening point for screening by machines installed by the mine owner and managed by them and after screening the appellant was making weighment of the goods and raising invoices on such quantity at the screening point. If the Revenue is of the view that the appellant has undertaken any process and the goods became of a different name and identity then the said activity amounts to manufacture . Similar issue was dealt with by this Tribunal in the case of Commissioner of Customs Central Excise Service Tax Bbsr-II v. Ores India (P) Ltd. 2013 (3) TMI 355 - CESTAT KOLKATA wherein it was held that The said mining services were not taxable services during the relevant period. By way of this the Revenue is trying to divide the contract which is not the case in the showcause notice. Therefore division contract cannot be permitted at this stage and the grounds taken by the Revenue in their appeal are beyond the purview of show-cause notice. It is found that if any activity undertaken by the appellant is liable to be taxed the same is provided by the appellant within the mining area and is appropriately classifiable as mining service . However during the impugned period mining services were not taxable. In these circumstances no demand of Service Tax can be raised against the appellant. Extended period of limitation - HELD THAT - The whole of the demand is barred by the extended period of limitation i.e. for the period from April 2007 to May 2007 the Show Cause Notice has been issued on 30th July 2012 which is beyond the period of five years. Therefore the impugned order deserves no merits. Conclusion - i) The appellant s activities do not qualify as business auxiliary services under Section 65(19)(v) of the Finance Act 1994. ii) The appellant s activities are more appropriately classified as mining services which were not taxable during the relevant period. iii) No service tax demand can be sustained against the appellant for the period April 2007 to May 2007. iv) The demand is also barred by limitation as the Show Cause Notice was issued beyond five years. Appeal allowed.

Summary

The core legal questions considered by the Tribunal were:

1. Whether the appellant's activities of recovery of embedded iron ore, transportation to screening points, weighment, and billing fall within the scope of "business auxiliary service" under Section 65(19)(v) of the Finance Act, 1994.

2. Whether the appellant's activities could be classified as "mining service" for the relevant period (April 2007 to May 2007), and if so, whether such services were taxable during that period.

3. Whether the appellant's activities involved any processing or manufacture, which would affect the classification of the service and consequent tax liability.

4. Whether the demand for service tax was barred by limitation, considering the Show Cause Notice was issued more than five years after the alleged period of service.

Issue-wise Detailed Analysis

1. Classification of the Service as Business Auxiliary Service or Mining Service

The relevant legal framework includes Section 65(19)(v) of the Finance Act, 1994, defining "business auxiliary service" as any service in relation to production or processing of goods for or on behalf of the client. The appellant's activities involved recovery of iron ore and transportation to screening points where screening was carried out by machines installed and managed by the mine owners.

The Tribunal referred to a precedent involving similar facts where the activities included excavation, sorting, loading, transportation, and removal of rejects. In that case, the Tribunal analyzed the classification principles under Section 65A of the Finance Act and Board Circular No. 334/1/2008-TRU dated 29th February 2008. The Circular emphasized that classification of composite services depends on the essential character of the service, not merely on contractual or invoicing arrangements.

The Tribunal noted that the appellant did not undertake screening or any processing themselves; the screening was done by the mine owners. Therefore, the appellant's activities did not constitute processing or manufacture. The Tribunal held that the appellant's activities were more appropriately classifiable as "mining service," which involves extraction and related activities within the mining area.

Since mining services were not taxable during the relevant period (April 2007 to May 2007), the Tribunal concluded that the appellant's activities could not be subjected to service tax under business auxiliary service.

2. Whether the Activities Amounted to Manufacture or Processing

The appellant contended that mining operations amount to manufacture, which would exclude them from business auxiliary services. The Tribunal observed that if the Revenue's contention was that the appellant's activities changed the goods to a different name or identity, then such activities would amount to manufacture. However, since the appellant did not undertake screening or any processing, their role was limited to recovery and transportation, which does not amount to manufacture.

This distinction was critical because business auxiliary services relate to services in connection with production or processing, and manufacture would fall outside this scope. The Tribunal's interpretation was consistent with the statutory definitions and the facts of the case.

3. Limitation for Raising Demand

The Show Cause Notice was issued on 30th July 2012 for the period April 2007 to May 2007, which is beyond the five-year limitation period prescribed for service tax demands. The Tribunal took note that the extended period of limitation was not applicable and thus the entire demand was barred by limitation.

4. Treatment of Competing Arguments

The appellant argued that their services were not business auxiliary services but mining services, which were not taxable during the relevant period. The Revenue argued that the appellant's activities fell under business auxiliary services and were taxable.

The Tribunal gave detailed consideration to the nature of the appellant's activities, the statutory definitions, and the Board's Circular on classification of composite services. It rejected the Revenue's attempt to artificially split the contract and classify the service differently from its essential character. The Tribunal also relied on the precedent where a similar issue was resolved in favor of classification as mining service rather than business auxiliary service.

Significant Holdings

"If the Revenue is of the view that the appellant has undertaken any process and the goods became of a different name and identity, then the said activity amounts to 'manufacture'."

"The more appropriate entry is mining service. For classification of service, the Board has clarified vide its Circular No. 334/1/2008-TRU, dated 29th Feb-2008 and has given certain guidelines... The real nature and substance of the transaction and not merely the form of the transaction should be the guiding factor for deciding the classification."

"The said mining services were not taxable services during the relevant period. By way of this, the Revenue is trying to divide the contract which is not the case in the show cause notice. Therefore, division contract cannot be permitted at this stage."

"The Show Cause Notice has been issued on 30th July, 2012, which is beyond the period of five years. Therefore, the impugned order deserves no merits."

The Tribunal established the core principle that classification of composite services must be based on the essential character of the service and that artificial splitting of contracts for tax purposes is impermissible. It also reinforced that mining services, when not taxable during a given period, cannot be subjected to service tax demands retrospectively.

On the limitation issue, the Tribunal confirmed that demands raised beyond the prescribed period are liable to be dismissed.

Final determinations:

- The appellant's activities do not qualify as business auxiliary services under Section 65(19)(v) of the Finance Act, 1994.

- The appellant's activities are more appropriately classified as mining services, which were not taxable during the relevant period.

- No service tax demand can be sustained against the appellant for the period April 2007 to May 2007.

- The demand is also barred by limitation as the Show Cause Notice was issued beyond five years.

- The appeal is allowed with consequential relief.