2017 (4) TMI 1049 - AT - Service Tax

Works Contract Service - composite services - case of appellant is that the services provided by them pertain to the period prior to 01.06.2007 and hence only from that date, works contract service was made taxable service under FA, 1994 - Held that - the matter is no longer res integra. Composite services of the genre provided by the appellant herein prior to 1.6.2007 would fall under the ambit of works contract service . The contention of the appellant that the said services would not be leviable under service tax prior to 01.06.2007 from which date works contract service became taxable is correct. This is the law that has been laid down by the Hon ble Apex Court in the landmark judgment in the case of CCE & Cus., Kerala Vs Larsen & Toubro Ltd. 2015 (8) TMI 749 - SUPREME COURT . - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Whether the services provided by the appellants fall under the category of "Works Contract Service"?
2. Whether the services rendered by the appellants prior to 01.06.2007 are liable for service tax?

Analysis:
1. Issue 1: Works Contract Service Classification
- The first appeal involved M/s.Taher Ali Industries & Projects providing services as main contractors, supplying PSC pipes to Tamil Nadu Water Supply and Drainage Board. The department alleged the services to be in the nature of erection, commissioning, or installation services. The original authority confirmed the demand for service tax along with penalties. The appellant argued that the services provided were composite services falling under "Works Contract Service" and should not be liable for service tax before 01.06.2007.
- The second appeal concerned M/s. Anchor Ceramic Co. Pvt. Ltd., acting as sub-contractors for Taher Ali, undertaking work related to a drainage system. The department contended that the services provided by Anchor to Taher Ali were taxable services. The original authority confirmed the service tax liability and penalties. Both appellants asserted that the services rendered were composite services falling under "Works Contract Service."

2. Issue 2: Liability for Service Tax
- The Tribunal referred to the landmark judgment by the Hon'ble Apex Court in the case of CCE & Cus., Kerala Vs Larsen & Toubro Ltd., stating that composite services provided before 01.06.2007 fall under "works contract service." This legal position was reiterated in subsequent judgments, including Commissioner Vs Sobha Developers Ltd. The Tribunal also cited its own decisions supporting the Supreme Court's ratio.
- Following the judicial discipline and legal precedents, the Tribunal held that the impugned orders could not be sustained. Consequently, both appeals were allowed, and any consequential benefits were granted as per the law.

This comprehensive analysis of the legal judgment highlights the issues of classification under "Works Contract Service" and the liability for service tax, emphasizing the reliance on legal precedents and judicial discipline in arriving at the decision to set aside the impugned orders and allow the appeals.