2010 (1) TMI 315 - AT - Service Tax

GTA Service Import of Goods from Nepal to India - The activity of transportation has occurred partly in Nepal and rest in India. Held that - the appellants have made out a case for waiver of the dues as per the impugned order and accordingly stay granted

Summary

Issues:
1. Inclusion of freight element in the value of imported goods
2. Receipt of services from Goods Transport Agency based in Nepal
3. Treatment of charges for transportation within Nepal as Goods Transport Agency services for Service tax levy in India
4. Payment of Service tax for the period before 18-4-2006 if liability is established

Analysis:
1. The issue of whether the freight element is included in the value of imported goods at the time of clearance at the Customs border was raised. The Original Authority held that the appellants received services of Goods Transport Agency from Nepal based exporters and were thus liable to pay Service tax. Penalties were also imposed on the appellants under various sections.

2. The next issue pertained to whether the appellants actually received services from a Goods Transport Agency based in Nepal. The appellants had imported yarn from a Nepal-based exporter, and the transportation of the consignments occurred partly in Nepal and partly in India. Bills were separately raised for the goods' value and the freight incurred for transportation to Bhilwara, where the appellants are located.

3. Another issue was whether the charges for transportation within Nepal could be considered as Goods Transport Agency services for the purpose of Service tax levy in India. The facts of the case indicated that the activity of transportation took place both in Nepal and India, raising questions about the applicability of Service tax on such transactions.

4. The final issue concerned the payment of Service tax for the period preceding 18-4-2006 if it was determined that the appellants were indeed liable to pay the tax. The Tribunal considered the small amounts of the disputed demands and, after hearing both sides, decided to grant a waiver of pre-deposit and stay recovery of the dues until the appeals were disposed of.

In conclusion, the Tribunal granted a waiver of the pre-deposit and stayed the recovery of the Service tax demands until the appeals were resolved, considering the prima facie case made by the appellants. The judgment highlighted the complex nature of cross-border transactions and the challenges in determining the tax liabilities associated with such transactions involving multiple jurisdictions.