2016 (2) TMI 844 - AT - Service Tax

Demand of service tax Cleaning Agency Services - contract for Cleaning Services by Nashik Thermal Power Station - SCN was issued on the ground that there was an escapement of tax under Cleaning Agency Services, Business Support services and Cargo Handling Services. The adjudicating authority has confirmed demand raised on all these services. The first appellate authority has set aside the demands on Business Support Services and Cargo Handling Services but confirmed the demands under Cleaning Agency Services. Held that - the Cleaning services which were expected our of appellant is very clear that there is no doubt the appellant has been awarded contract for Cleaning of plant, machinery, buildings etc. At the same time, we also find that the contract which is awarded to the appellant, also has elements of loading and unloading of Coal, to our mind, value in respect of such loading and other activities may not be covered under the category of Cleaning Agency Services. While upholding the demand raised under the category of cleaning services, we remand the matter back to the adjudicating authority for limited question of requantification of the demand, interest and penalties by reduction of the value indicated for loading and unloading of coal, movement of coal etc. - Decided partly in favor of assessee.

Summary

Issues:
- Tax liability of services rendered under "Business Support Services"
- Tax liability of services rendered under "Cargo Handling Services"
- Imposition of penalties

Analysis:

Tax liability of services under "Cleaning Agency Services":
The appellant was awarded a contract for Cleaning Services by a Thermal Power Station. The Revenue claimed an escapement of tax under Cleaning Agency Services, Business Support Services, and Cargo Handling Services for the period October 2003 to March 2008. The first appellate authority confirmed the demand under Cleaning Agency Services. The Tribunal examined the contract details and found that the appellant was awarded the contract for cleaning plant, machinery, and buildings, but also involved loading and unloading of coal. While upholding the demand for cleaning services, the Tribunal remanded the matter for the re-quantification of the demand, interest, and penalties by excluding the value for loading and unloading of coal.

Tax liability of services under "Business Support Services":
The first appellate authority reduced the demand on Business Support Services based on a reworked gross value. The appellant argued that the activities performed did not align with the definition of Business Support Services. The Tribunal analyzed the definition of Business Support Services under the Finance Act, 1994, and held that the appellant's activities of removal, collection, loading, and unloading of coal did not fit within the indicative list of outsourced services related to business and commerce. Therefore, the demand under Business Support Services was set aside.

Tax liability of services under "Cargo Handling Services":
The first appellate authority reduced the demand for Cargo Handling Services after reworking the taxable value. The appellant contended that their activities did not fall under Cargo Handling Services as they did not involve transportation of goods by any means of transportation. The Tribunal referred to the definition of Cargo Handling Services and relevant clarifications, concluding that the appellant's unloading of coal at the Thermal Power Station did not constitute Cargo Handling Services as it did not involve transportation by truck, rail, ship, or aircraft. The Tribunal cited a High Court decision supporting this view and set aside the demand under Cargo Handling Services.

Conclusion:
The Tribunal rejected the appeal filed by the appellant regarding Cleaning Agency Services and upheld the demand while remanding for re-quantification. The Tribunal set aside the demands under Business Support Services and Cargo Handling Services based on the analysis of the activities performed by the appellant, which did not align with the definitions and clarifications related to those services. Both appeals filed by the appellant and the Revenue were rejected by the Tribunal.