2016 (8) TMI 545 - AT - Service Tax

Taxability maintenance and repair service construction of residential complex service works contract service composite contract involving supply of materials and services Held that - indivisible works contract are liable to service tax only after the introduction of works contract service in the Finance Act, 1994 w.e.f. 01/6/2007 as held in the case CCE & CUS, Kerala vs. Larsen & Toubro Ltd. 2015 (8) TMI 749 - SUPREME COURT service tax levied on works contract service appeal dismissed decided against revenue

Summary

Issues involved:
Interpretation of service tax on composite contracts involving supply of materials and service; Applicability of taxable category of 'works contract service' before and after a specified date; Eligibility of abatement under Notification No. 01/2006-ST dated 01/3/2006.

Analysis:
The appeal before the Appellate Tribunal CESTAT NEW DELHI was lodged by the Revenue against the order of the Commissioner (Appeals-I), Raipur dated 13/12/2014. The crux of the issue was the classification of the services provided by the respondents, specifically whether they should be taxed under 'maintenance and repair service' or 'construction of residential complex service' before 01/6/2007 and under 'works contract service' thereafter, with the benefit of a 67% abatement as per Notification No. 01/2006-ST dated 01/3/2006. Upon reviewing the work order between M/s Balco and the appellant, the Tribunal determined that it constituted a composite contract involving both the supply of materials and services. The Tribunal referred to a precedent set by the Hon'ble Supreme Court in the case of CCE & CUS, Kerala vs. Larsen & Toubro Ltd., which established that indivisible works contracts are subject to service tax only after the introduction of the works contract service category in the Finance Act, 1994, effective from 01/6/2007. Based on this legal principle, the Tribunal found no merit in the Revenue's appeal and subsequently dismissed it.

In conclusion, the Tribunal's decision was based on the interpretation of the law as established by the Hon'ble Supreme Court regarding the taxation of indivisible works contracts before and after the introduction of the works contract service category. The Tribunal's analysis focused on the nature of the contract between the parties and the relevant legal provisions, ultimately leading to the dismissal of the Revenue's appeal. This judgment highlights the importance of correctly classifying services under the appropriate taxable categories and abatements as per the relevant notifications to ensure compliance with the law and avoid unnecessary disputes.