2013 (3) TMI 20 - AT - Service Tax

Refund of service tax paid on Management maintenance or repair of roads - period from the 16th day of June 2005 to the 26 th day of July 2009 - held that - activity undertaken by the appellant during the aforesaid period stands accepted to be one of maintenance or repair of roads under Section 65(64) of the Finance Act 1994. If that be so there is no reason why the appellant cannot claim the benefit of Section 97(1) of the Finance Act 1994. It will be appropriate for the learned Commissioner to consider this claim of the assessee and render a decision thereon - Decided in favor of assessee by way of remand.

Summary

Issues:
1. Applicability of exemption under Section 97(1) of the Finance Act, 1994 to the demand of service tax and education cess for the period from 06/06/2005 to 26/07/2009.
2. Interpretation of the activity as "maintenance or repair of roads" under Section 65(64) of the Finance Act, 1994.
3. Consideration of the claim for exemption by the learned Commissioner and the decision-making process.

Analysis:
1. The appellant sought waiver and stay regarding the service tax and education cess demand totaling Rs.3,54,04,733/- for the period from 06/06/2005 to 26/07/2009 related to the "management, maintenance or repair" of roads. The Tribunal found the case suitable for summary disposal after reviewing the records and hearing both sides, leading to the appeal being taken up after dispensing with predeposit.

2. The consultant for the appellant argued that the activity was exempted from service tax under Section 97(1) of the Finance Act, 1994, retrospectively from 16/06/2005 to 26/07/2009. The consultant provided the text of the new Section 97, which specifically exempted the "management, maintenance or repair of roads" during the mentioned period. The Tribunal acknowledged the amendment and directed the Commissioner to consider the appellant's claim based on the accepted activity of "maintenance or repair of roads" under Section 65(64) of the Finance Act, 1994.

3. Upon reviewing the impugned order, the Tribunal found that the appellant's activity during the period in question was indeed classified as "maintenance or repair of roads" under the relevant section of the Finance Act, 1994. Consequently, the Tribunal set aside the impugned order, remanding the case to the Commissioner for a decision on the appellant's claim for exemption. The Commissioner was instructed to provide a reasoned decision after granting the appellant a fair opportunity to present their case. The stay application was also disposed of in light of these considerations.

This comprehensive analysis of the judgment highlights the Tribunal's interpretation of the relevant legal provisions, the acknowledgment of the exemption claimed by the appellant, and the procedural steps to be followed by the Commissioner in reconsidering the claim for exemption.