2009 (5) TMI 514 - AT - Service Tax

Bottling of liquor - service tax - activity of packaging and bottling of liquor come within the meaning of clause (f) of Section 2 of Central Excise Act, 1944 and therefor in view of definition contained in Section 65 (76)(b) of the Finance Act 1994 especially keeping in view the exclusionary facet and further regard being had to the circular issued by Central Board of Excise and Customs, the impugned activity is not liable to service tax.

Summary

Issues:
1. Whether the activity of packaging and bottling of liquor is liable to service tax.
2. Whether the setting aside of penalty by the learned Appellate Authority was proper.

Analysis:
1. The Appellate Tribunal considered Appeal Case Nos. 512/2006, 98-100 of 2007, 214 and 215 of 2007 filed by the Assessee, and Appeal Case No. ST/175-176 of 2007 filed by the Revenue. The Tribunal noted a judgment by the Hon'ble High Court of Madhya Pradesh in Writ Petition No. 696 of 2008, which held that packaging and bottling of liquor falls under the definition of clause (f) of Section 2 of the Central Excise Act, 1944. Referring to Section 65(76)(b) of the Finance Act 1994 and a circular by the Central Board of Excise and Customs, it was concluded that the impugned activity is not subject to service tax.

2. In Appeal Case Nos. 175-176/2007, the Revenue sought the setting aside of a penalty imposed by the Appellate Authority. The Appellant argued that since the activity was not taxable, the penalty was unwarranted, citing the precedent set by the Hon'ble High Court of Madhya Pradesh. After hearing both sides, the Tribunal referenced a previous case involving CCE Indore and M/s Agarwal Distillers Pvt Ltd, which was decided in line with the High Court's decision. Consequently, the Tribunal dismissed the appeals by the Revenue and allowed all appeals by the Appellants, in accordance with the Madhya Pradesh High Court's ruling. Any consequential relief was to be granted by the appropriate authority following due process of law.

In summary, the Appellate Tribunal ruled that the packaging and bottling of liquor does not attract service tax based on the interpretation of relevant laws and judicial precedents. The Tribunal also upheld the decision to set aside the penalty imposed by the Appellate Authority, aligning with the legal principles established by the Hon'ble High Court of Madhya Pradesh.