2010 (4) TMI 509 - AT - Service Tax

Transport of goods by road service - The issue involved in all these appeals is that the appellants had not included the freight charges paid to the transporters claimed to be individuals for internal movement of the mining products within the mine area and for development of mine by uplifting the waste material in hired trucks in the taxable value as declared in ST-3 Returns filed by them. Demands were confirmed by adjudicating along with interest and penalties. Held that - in view of identical issue being decided in respect of very same assessee in its favour by Tribunal impugned order was to be set aside and appeal was to be allowed.

Summary

Issues involved:
Service tax liability on freight charges paid to transporters for internal movement of mining products within the mine area and development of mine by uplifting waste material in hired trucks.

Analysis:

Issue 1: Service tax liability on freight charges

The appellants did not include freight charges paid to transporters in the taxable value as declared in ST-3 Returns. The Superintendent of Central Excise requested the appellants to furnish the freight charges paid and include them in the taxable value. The appellants contended that the transporters were individuals, not Goods Transporter Agency, and hence not liable to pay Service Tax and Education Cess. Show-Cause Notices were issued, demands confirmed, and penalties imposed. The main argument was whether the truck owners were eligible for exemption or abatement from the taxable services under "Transport of Goods by Road - Goods Transport Agency."

Issue 2: Judicial findings and precedent

The Counsel referred to a previous judgment where a similar issue was set aside by the Bench. The Tribunal clarified that there was no intention to levy service tax on truck owners or operators based on a statement by the Finance Minister. The appellants relied on a Supreme Court judgment related to the interpretation of the word 'road' in the Motor Vehicles Act, but the Tribunal rejected this argument. The appellants also cited an exemption Notification, but the Tribunal found that the activity of truck owners fell outside the scope of the entry for Goods Transport Agency.

Conclusion:

The Tribunal analyzed the service tax liability on freight charges paid by the appellants to truck owners for internal movement of mining products. Based on previous judgments and legal interpretations, the Tribunal concluded that the truck owners were not liable to pay service tax under the category of Goods Transport Agency. The exemption notification and arguments presented by the appellants were considered, but the Tribunal found that the activity of truck owners did not fall within the specified entry. Therefore, the impugned demands of service tax were deemed to fail, and the appeals were disposed of in favor of the appellants.