2016 (1) TMI 301 - HC - Service Tax

Erection, Commissioning or Installation Services - receipt of labour charges for installation and commissioning of GRP Pipes for various customers - period from 01.07.2003 to 31.10.2004. - Held that - It could be seen from the amendment to Section 65(39a), introduced under Finance Act, 2005, that the definition of erection, commissioning or installation was extended so widely as to include (i) electrical and electronics devices, (ii)plumbing, (iii)heating, ventilation or air-conditioning, (iv) thermal insulation, (v) lift and escalator, and (vi) such other similar services. The pipes that the respondent/assessee had to lay were not plant, machinery or equipment. Therefore, the learned Judge 2011 (8) TMI 698 - MADRAS HIGH COURT was right in allowing the writ petition. - Decided against the revenue.

Summary

Issues:
1. Maintainability of writ petition when alternative remedy of appeal is available.
2. Interpretation of the definition of "erection, commissioning or installation" under the Finance Act, 2003.
3. Whether laying of pipelines falls under the category of taxable services as per the relevant provisions.
4. Distinction between public utility services and taxable services for the purpose of service tax levy.

Issue 1: Maintainability of writ petition when alternative remedy of appeal is available:
The Revenue appealed a decision setting aside a demand for Service Tax, arguing that the writ petition should not have been entertained as the assessee had an alternative remedy of appeal. The Court noted that while generally, a writ petition challenging orders like orders-in-original should not be entertained when an alternative remedy exists, in this case, due to the significant time passed since the original order, it was deemed futile to dismiss the writ petition solely on the ground of an alternative remedy. Thus, the first contention of the Revenue was rejected.

Issue 2: Interpretation of the definition of "erection, commissioning or installation" under the Finance Act, 2003:
The dispute centered around whether the laying of pipelines by the assessee fell under the definition of "erection, commissioning or installation" as per the Finance Act, 2003. The Act initially focused on commissioning or installation of plant, machinery, or equipment. Subsequent amendments broadened the definition to include various services related to installation. The Court analyzed the legislative changes and concluded that before the amendments, laying pipelines did not fall within the scope of "erection, commissioning or installation." The judgment aligned with previous decisions and held that the services provided by the assessee did not constitute taxable services under the Act.

Issue 3: Whether laying of pipelines falls under the category of taxable services as per the relevant provisions:
The Court further reinforced its decision by referencing a previous ruling by CESTAT, which affirmed that pipes or pipelines did not qualify as "plant, machinery, or equipment." This interpretation was upheld by a Division Bench of the Court in a subsequent case. The Court emphasized that the crucial factor was whether laying pipelines fit within the definition of taxable services under the Act, which, in this case, it did not. Therefore, the judgment supported the conclusion that the laying of pipelines by the assessee was not subject to service tax.

Issue 4: Distinction between public utility services and taxable services for the purpose of service tax levy:
The Revenue attempted to distinguish the case based on the nature of the service provided to a public utility entity. However, the Court clarified that the focus was on whether the service fell within the defined scope of taxable services, irrespective of the nature of the recipient. As the pipes laid were not considered plant, machinery, or equipment, the Court upheld the decision to allow the writ petition, emphasizing that the service provided did not meet the criteria for service tax levy. The judgment dismissed the appeal, affirming the decision of the learned Judge.

This comprehensive analysis of the judgment addresses the key issues involved and provides a detailed understanding of the legal reasoning and interpretations applied by the Court in reaching its decision.