2018 (3) TMI 862 - AT - Service Tax

Commercial construction services - services provided to Agriculture Produce Market Committee, Ahmednagar - Held that - this issue has been decided in the case of A.B. Projects Pvt. Ltd. 2017 (8) TMI 518 - CESTAT MUMBAI , where it was held that the activities of APMC in respect of these contracts are not commercial in nature. Thus these contracts are not covered under the purview of commercial and industrial construction service - appeal allowed - decided in favor of appellant.

Summary

Issues:
Confirmation of demand and imposition of penalty in respect of commercial construction services provided to Agriculture Produce Market Committee, Ahmednagar.

Analysis:
The appeal was filed against the demand of Service Tax for commercial construction services provided to Agriculture Produce Market Committee, Ahmednagar. The appellant argued that a similar issue was decided in the case of A.B. Projects Pvt. Ltd. vs. Commissioner of Central Excise, Nagpur. The Tribunal referred to Circulars indicating that services provided by APMC are not in the nature of outsourced services or business support services. APMCs provide basic facilities mainly for the benefit of farmers, purchasers, and others, and the services provided are classified as Business Auxiliary Services (BAS). Therefore, the services provided by APMC are not commercial in nature and are exempt from service tax under Notification 14/2004-S.T.

The Tribunal found that the activities of APMC in relation to the contracts were not commercial in nature based on the Circulars provided. As per Circular No. 80/10/2004-S.T., constructions for organizations or institutions established for educational, religious, charitable, health, sanitation, or philanthropic purposes, and not for profit, are considered non-commercial and not taxable. Government constructions used for residential, office purposes, or providing civic amenities are generally not taxable. However, constructions for commercial purposes by local government bodies, such as constructing shops for letting them out, would be considered commercial and subject to service tax. Therefore, the Tribunal allowed the appeal, ruling that the contracts with APMC were not covered under the purview of commercial and industrial construction services.

In conclusion, the Tribunal held that the services provided by APMC to Agriculture Produce Market Committee, Ahmednagar, were not commercial in nature and fell under the category of Business Auxiliary Services (BAS), exempt from service tax. The appeal was allowed based on the Circulars and previous decisions referenced during the proceedings.