2013 (11) TMI 645 - AT - Service Tax

Exemption / abatement under Notification No.1/2006-ST - Commercial or industrial construction service - Section 65(105) (zzq) - repair, alteration, renovation or restoration of, or similar services in relation to building or civil structure, pipeline or conduit - Held that - Prima facie case in favour of assessee - Stay granted.

Summary

Issues:
1. Interpretation of Notification No.1/2006-ST dated 1.3.2006 for exemption eligibility.
2. Classification of services provided by the petitioner under sub-clauses (c) and (d) of Section 65(25b).
3. Entitlement to waiver of pre-deposit and stay of further proceedings pending appeal.

Interpretation of Notification No.1/2006-ST dated 1.3.2006 for exemption eligibility:
The appeal challenged an adjudication order confirming a service tax demand and imposing penalties. The Revenue argued that the petitioner, offering various services related to completed constructions, was not eligible for exemption under Notification No.1/2006-ST dated 1.3.2006. This notification exempted commercial or industrial construction services from service tax to a certain extent but excluded specific services. The petitioner contended that their services fell under sub-clause (d) of Section 65(25b), which includes repair, alteration, renovation, or restoration services, and therefore, should be exempt from the restrictive clause of the notification. The Tribunal found the petitioner's argument prima facie valid, allowing them to claim the benefit of the exemption.

Classification of services provided by the petitioner under sub-clauses (c) and (d) of Section 65(25b):
The Tribunal acknowledged that the petitioner's services could be classified under sub-clause (d) of Section 65(25b), which covers repair, alteration, renovation, or restoration services related to buildings or civil structures. This classification was crucial in determining the petitioner's eligibility for exemption under the notification. By establishing that the services provided fell within the scope of sub-clause (d) and outside the restrictive clause of the exemption notification, the Tribunal supported the petitioner's claim for exemption, emphasizing the importance of proper classification in such cases.

Entitlement to waiver of pre-deposit and stay of further proceedings pending appeal:
Considering the petitioner's argument and the fact that they had already remitted a significant amount prior to the adjudication order, the Tribunal granted a waiver of the entire pre-deposit liability and stayed further proceedings pending the appeal's disposal. This decision was based on the petitioner's arguable case regarding service classification and exemption eligibility, as well as their proactive payment before the issuance of the show cause notice. The Tribunal's ruling provided relief to the petitioner by allowing them to proceed with the appeal without the burden of pre-deposit, ensuring a fair process during the legal proceedings.

This detailed analysis of the judgment highlights the key issues addressed by the Tribunal, focusing on the interpretation of relevant legal provisions, classification of services, and procedural considerations impacting the petitioner's case.