2014 (10) TMI 60 - AT - Service Tax

Import of services - Management, Maintenance or Repair Services - reverse charge - Held that - Prima-facie, on an analysis of the diagram vis- -vis the services as mentioned in the respective contract, we find that the existing wells, which become un-usable or become dead, have been plugged and the service providers were to explore the possibility of new oil wells by making horizontal drilling from the existing dead wells. Thus, the services received by the applicant, prima-facie, may not come under the scope of Management, maintenance or repair service . In the result, the Applicant could able to make out a prima-facie case for total waiver of dues adjudged, hence, predeposit of dues adjudged is waived and its recovery stayed during pendency of the appeal. Stay petition is allowed - Stay granted.

Summary

Issues: Application for waiver of predeposit of service tax and penalties.

Analysis:
1. The appellant applied for waiver of predeposit of service tax amounting to &8377; 56.62 lakhs and equal penalty imposed under Sections 77 and 78 of the Finance Act, 1994. The dispute arose from an agreement dated 25.08.2006 with a foreign agency, M/s Well Flow Drilling Services, for plugging existing wells and exploring new wells nearby. The show-cause notice categorized the services as 'Management, Maintenance or Repair Services,' invoking an extended period of limitation.

2. The appellant argued that the services provided by the foreign agency were under the category of 'Mining Services' and not 'Management, Maintenance or Repair Services.' The Commissioner confirmed the demand only for the payment received in June 2007, amounting to &8377; 56.63 lakhs. The appellant contended that services rendered before May 31, 2007, were incorrectly categorized. The appellant's position was supported by statutory ST-3 Returns filed by the foreign service provider, showing registration and payment under 'Mining Services.'

3. The Department reiterated the Commissioner's findings, maintaining that the services fell under 'Management, Maintenance or Repair Services.' However, upon hearing both sides and examining the records, the Tribunal found that the appellant, a Public Sector Undertaking, had received services specified in the agreement with the foreign agency. The demand was based on the reverse charge mechanism under Section 66A of the Finance Act, 1994, as the foreign service provider did not have a registered office in India.

4. The Tribunal analyzed the scope of services outlined in the agreement, which involved drilling, completion, and testing of wells. The appellant argued that the services did not constitute maintenance of existing wells but involved plugging and exploring new wells through horizontal drilling from existing dead wells. The Tribunal, after reviewing the activities carried out by the appellant and the contract terms, concluded that the services received did not fall under 'Management, Maintenance or Repair Services.' Consequently, the Tribunal granted a total waiver of the adjudged dues, staying the recovery during the appeal's pendency. The stay petition was allowed, and the predeposit of dues adjudged was waived.