2014 (11) TMI 41 - AT - Service Tax

Waiver of penalty - GTA services - reverse charge mechanism - Cargo Handling services - Held that - Applicant has paid approximately 50% of the service tax demand and the issue of levy of service tax on transportation of raw materials along with other incidental services like loading, unloading, stocking within the factory premises is debatable one, in view of various judgments delivered by the Tribunal and Hon ble High Courts from time to time. For the purpose of stay, we find the amount already paid by the applicants is sufficient to hear their appeals. Consequently, pre-deposit of balance dues adjudged against applicant No. 1 and penalty against applicant No. 2 are waived and its recovery stayed during the pendency of the appeals - Stay granted.

Summary

Issues:
1. Waiver of duty and penalty for M/s. N. Kumar & Co.
2. Waiver of penalty for M/s. Tata Steel Ltd.
3. Dispute over service tax liability on transportation of raw materials within factory premises.
4. Applicability of service tax on cargo handling services.

Analysis:
1. The judgment concerns applications filed by M/s. N. Kumar & Co. and M/s. Tata Steel Ltd. seeking waiver of duty and penalties. The issue revolves around the service tax liability on transportation of raw materials within the factory premises. The Ld. Sr. Advocate argued that the services provided were under work orders issued by M/s. Tata Steel Ltd. for handling and transportation of raw materials. The Department contended that the transportation within the factory premises constitutes cargo handling services, thus attracting service tax.

2. The Ld. Advocate for the applicants highlighted that they had paid a significant amount under cargo handling services and GTA services. The Revenue argued that the primary services provided were cargo handling, with transportation of raw materials being incidental. The dispute centered on whether service tax should be levied on transportation of raw materials in addition to cargo handling services.

3. The Ld. Advocate referenced a judgment from the Hon'ble Jharkhand High Court to support their position that they had discharged service tax appropriately based on the nature of services provided. The Tribunal found the issue to be debatable, considering past judgments. It was noted that the applicants had paid around 50% of the service tax demand, leading to the waiver of the balance dues and penalty during the appeal's pendency.

4. The Tribunal granted the applications, allowing the waiver of balance dues and penalties, and stayed the recovery process. The decision was made based on the sufficient amount already paid by the applicants and the debatable nature of the service tax liability on transportation of raw materials within the factory premises. The judgment aimed to ensure fairness and justice during the appeal process, considering the complexities and differing interpretations of the applicable laws and regulations.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved, the arguments presented by both parties, and the Tribunal's decision based on the legal principles and precedents cited during the proceedings.