2015 (4) TMI 218 - AT - Service Tax

Waiver of pre deposit - 'site formation' or 'works contract' service - Held that - prima facie case in favour of the appellant, as natural component in 'site formation' or 'works contract' cannot be taxed, further service tax being destination based, there is no scope of double collection from the main contractor & sub-contractor. - Stay granted. As regards admitted liability on GTA Services or other services - tax liability admitted by the appellants - appellant directed to deposit ₹ 10,00,000, within a period of six weeks - Partial stay granted.

Summary

Issues:
1. Non-payment of Service Tax for various services rendered.
2. Dispute over demands raised by the Revenue.
3. Contestation of show-cause notice and imposition of penalties.
4. Calculation of tax liability under different service categories.
5. Interpretation of tax liability based on case laws.
6. Application of tax laws to complex transactions involving service and sale elements.

Analysis:

1. The appellant, a registered contractor providing services like Construction of Roads, Site preparation, Earth Moving, Demolition Service, Cargo Handling Service, Rent a Cab Operator Service, and Supply of Tangible Goods Services, faced a show-cause notice for non-payment of Service Tax for specified services during a particular period. The Revenue demanded payment for the unpaid taxes and imposed penalties, alleging the appellant should have registered and discharged the Service Tax.

2. The appellant contested the show-cause notice, sought registration under the relevant classification, and received it for 'Site Formation and Clearance' and works contract. The adjudication resulted in confirming demands for specific services while dropping demands for certain constructions. Penalties were imposed under relevant sections, leading the appellant to file an appeal against the decision.

3. The appellant presented arguments regarding the calculation of tax liability under different service categories. They claimed deductions for materials sold under 'Site Formation' and asserted that as a sub-contractor for 'Cargo Handling Services,' the main contractor had already paid the Service Tax, relieving them of the demand. Issues related to the supply of tangible goods services and errors in tax calculation were also raised, leading to a request for a stay.

4. The Revenue, however, relied on the impugned order, asserting the appellant failed to provide evidence to support their claims for material deductions. Reference was made to a judgment involving Laxmii Tyres to support the conclusion that the appellant is liable for the gross amount charged for the services provided.

5. The appellant and their counsel referred to the case of Laxmi Tyres and a decision by the Larger Bench in the case of Hindustan Aeronautics Ltd. to argue their case. They highlighted the evolving interpretations of taxability of goods and services, emphasizing the limitations on taxing natural components in certain services and the need to avoid double taxation between main contractors and sub-contractors.

6. After considering the arguments presented, the Tribunal found a prima facie case in favor of the appellant. It was determined that natural components in services like 'site formation' or 'works contract' should not be taxed, and the destination-based nature of service tax precludes double collection from both main contractors and sub-contractors. The appellant was directed to deposit a specified amount within a given period, with compliance to be reported on a specified date.