2018 (9) TMI 1274 - AT - Service Tax

GTA Service - reverse charge mechanism - transportation of biscuits - Held that - The payments were made to individual labourers and there was no issue of any consignment note in whatever form - the said transaction is not covered by GTA Service - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Applicability of service tax on transportation charges paid by appellants
- Interpretation of reverse charge mechanism
- Definition of Goods Transport Agency (GTA) services

Analysis:
The case involved an appeal against an Order-in-Appeal passed by the Commissioner (Appeals) regarding the payment of transportation charges by the appellants, who were engaged in the manufacture of biscuits and registered under the Service Tax Department. The Revenue alleged that the transportation charges paid by the appellants were for GTA services and demanded service tax under the reverse charge mechanism. The Original Authority confirmed the demand, leading the appellant to appeal before the Commissioner (Appeals). The appellant argued that the payments were made to individual laborers and not to any Goods Transport Agency (GTA), supported by cash vouchers and ledger entries. The Commissioner (Appeals) upheld the demand and penalty under Section 78 of the Finance Act, 1994, but set aside the penalty under Section 76. The appellant then approached the Tribunal challenging the order.

During the hearing, the appellant's counsel presented evidence of payments to individual laborers through cash vouchers, highlighting that no consignment note was issued, thus not meeting the criteria of GTA services. The Revenue, represented by the Learned A.R., supported the Order-in-Appeal. After considering both sides' submissions and examining the records, the Tribunal concluded that the payments were indeed made to individual laborers without any consignment note, indicating that the transaction did not fall under GTA services. Consequently, the Tribunal set aside the impugned order, allowing the appeal and granting the appellant consequential relief as per the law.

In summary, the Tribunal's judgment revolved around the interpretation of GTA services and the reverse charge mechanism concerning transportation charges paid by the appellants. The Tribunal found that the payments made to individual laborers without consignment notes did not qualify as GTA services, leading to the decision to set aside the Order-in-Appeal and allow the appellant's appeal.