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2009 (10) TMI 456 - AT - Service TaxStay- manpower recruitment or supply agency service- Demand raised on the ground that packing of medical equipments on job work basis undertaken and excise duty paid on job charges. Contract with client relating to job work. Held that- prima facie impugned activity not covered under relevant service. thus pre-deposit is to be waived.
Issues:
1. Whether the service provided falls under 'manpower recruitment or supply agency service' for the purpose of service tax, interest, and penalty under the Finance Act, 1994. Analysis: The case involved a stay petition seeking waiver of pre-deposit of Service Tax, interest, and penalty under the Finance Act, 1994. The appellant argued that the service provided was not 'manpower recruitment or supply agency service' but was job work involving packing medical equipment for a company. The appellant contended that since excise duty had been paid on the job work charges, there was no requirement to pay service tax. On the other hand, the Respondent argued that the activity did fall under 'manpower supply and recruitment' based on a previous Tribunal decision. Upon considering the submissions, the Tribunal analyzed the nature of the contract between the appellant and the company. The Tribunal found that the contract clearly indicated job work rather than manpower recruitment or supply agency service. The Tribunal noted that the appellant had made a prima facie case for waiver of pre-deposit as the activity did not align with the category of 'manpower recruitment or supply agency service'. Consequently, the Tribunal allowed the application for waiver of pre-deposit, staying the recovery of the amounts until the appeal's disposal. In conclusion, the Tribunal ruled in favor of the appellant, holding that the service provided did not fall under the category of 'manpower recruitment or supply agency service'. As a result, the Tribunal allowed the waiver of pre-deposit and stayed the recovery of the amounts until the appeal's final disposal.
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