2014 (8) TMI 97 - AT - Service Tax

Classification - Construction service or Site Formation and Clearance, Excavation and Earthmoving and Demolition Services - appellants undertook construction of diaphragm wall with reinforced anchor slab and special fill for Guide Bund, Retention Wall, Guide Wall on the bank of Sabarmati River - Held that - The said work is to reclaim a part of the river bad land of the Sabarmati River. Keeping in view, the nature of activity, we have no hesitation in holding that the whole activity is in connection with the reclamation of land. - even from the expenditure angle the amount spent in the said activity would form the major portion of expenditure in connection with the reclamation of the land (excluding the facilities like commercial complex, residential complex, roads etc. to be construed later on the reclaim land.) - the activity undertaken by the appellants are site formation and clearance, excavation and earth moving and demolition service. Exclusion from taxable service - Held that - the water body is already existing what is being done is to renovate the banks of the river. In view of this position, we are of the view though the activity undertaken by the appellants are covered by the main definition but gets excluded due to the exclusion clause. In view of this analysis, the activity undertaken by the appellant will not get covered by the site formation and clearance, excavation and earth moving and demolition service and accordingly no service tax would chargeable. - Demand set aside - Decided in favor of assessee.

Summary

Issues Involved:
1. Classification of services provided by the appellants.
2. Applicability of the exclusion clause under the definition of "site formation and clearance, excavation and earthmoving and demolition services".
3. Valuation of services and applicability of VAT provisions.

Issue-wise Detailed Analysis:

1. Classification of Services Provided by the Appellants:
The primary issue was whether the activities conducted by the appellants, which included the construction of diaphragm walls, reinforced anchor slabs, and retention walls for the Sabarmati River Front Development, should be classified under "site formation and clearance, excavation and earthmoving and demolition services". The Revenue argued that these activities were taxable under this category. The appellants contended that their work was purely construction-related and should not be classified under the said category. The Tribunal reviewed the project reports, bid documents, and method statements, concluding that the activities were indeed related to land reclamation, which falls under "site formation and clearance, excavation and earthmoving and demolition services". However, this classification was ultimately reconsidered in light of the exclusion clause.

2. Applicability of the Exclusion Clause:
The appellants argued that even if their activities were classified under "site formation and clearance, excavation and earthmoving and demolition services", they should be excluded based on the exclusion clause which exempts services related to agriculture, irrigation, watershed development, and the renovation or restoration of water sources and water bodies. The Tribunal agreed with the appellants' broader interpretation that their work on the Sabarmati River, aimed at renovating and restoring the river banks, fell within the exclusion clause. Thus, the activities were not taxable under the said service category.

3. Valuation of Services and Applicability of VAT Provisions:
The appellants also challenged the valuation method used by the original authority, arguing that the gross value included material costs which should be deducted. They cited several case laws supporting their contention that material costs should be excluded from the service tax calculation. Additionally, they argued that their activities were composite in nature, involving both goods and services, and thus subject to VAT. The Tribunal did not delve deeply into these arguments as the appeals were allowed based on the exclusion clause, rendering further discussion on valuation and VAT provisions unnecessary.

Conclusion:
The Tribunal allowed the appeals, concluding that the activities conducted by the appellants were excluded from the taxable category of "site formation and clearance, excavation and earthmoving and demolition services" due to the exclusion clause. Consequently, no service tax was chargeable, and the appeals were allowed without the need to address the valuation and VAT issues further.