2017 (1) TMI 1363 - AT - Service Tax

Works contract service - commercial or industrial construction service - construction executed is beyond the scope of taxation under FA, 1994 - Held that - appellant are not providers of commercial or industrial construction service but of works contract service , no tax is liable on construction contracts executed prior to 1st June 2007. Insofar as demand for subsequent period till 30th September 2008 is concerned, even as the services rendered by assessee are taxable for the period from 1st June 2007 to 30th September 2008 the narrow confines of the SCN do not permit confirmation of demand of tax on any service other than commercial or industrial construction service - there is no scope for vivisection to isolate the service component of the contract. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Taxability of 'commercial or industrial construction service' under section 65(105)(zzq) of Finance Act, 1994.
2. Interpretation of composite contracts involving services and goods under section 65(105)(zzzza).
3. Applicability of tax on 'works contract service' before and after 1st June 2007.

Analysis:

Issue 1: Taxability of 'commercial or industrial construction service'
The case involved demands raised in show-cause notices for service tax on contracts for execution with public sector bodies and government institutions. The adjudicating authority confirmed the demands, except for construction executed for the Department of Space, deemed non-commercial. The appellant contended that they were not liable to tax as providers of 'commercial or industrial construction service'. The Tribunal acknowledged that the Department of Space was non-commercial but confirmed other demands.

Issue 2: Interpretation of composite contracts
The appellant argued that composite contracts involving services and goods were taxable only from 1st June 2007 as per a Supreme Court decision. They claimed that the show-cause notices did not invoke the taxable entry, rendering the tax liability determination contrary to the law. The Authorized Representative suggested re-examining the contracts to ascertain the nature of the contract and the supply of goods. The Tribunal determined that the contracts were composite for supply of both goods and services, based on the ascertainment that supply of goods formed a part of the contracts.

Issue 3: Applicability of tax on 'works contract service'
The Tribunal referred to a Supreme Court decision stating that no tax is liable on construction contracts executed before 1st June 2007 if they fall under 'works contract service'. For the subsequent period till 30th September 2008, the Tribunal noted that the show-cause notices did not pertain to tax on 'works contract service'. As the services rendered were taxable only for a specific period, the demands for other services were not confirmed. The Tribunal set aside the impugned orders and allowed the appeals.

In conclusion, the Tribunal analyzed the taxability of different services under the Finance Act, 1994, considering the nature of contracts and the specific periods involved, ultimately setting aside the demands based on the interpretation of relevant legal provisions and precedents.