2019 (4) TMI 30 - AT - Service Tax

Classification of services - Cargo Handling Service or not - shifting of boulders from the quarry and transporting the same to crusher units - Held that - The appellant had not collected any service tax also. The service recipient used the excavators for loading of boulders from the leased out quarry. It is not seen from the statement that the appellants were, in any manner, engaged in the loading or unloading of boulders. The accounts of the service recipient viz., M/s. SRC Projects (P) Ltd. also showed that they had paid hire charges to the appellant - it is very much clear that the activity would not fall under Cargo Handling Service and, if at all, it may only be Supply of Tangible Goods Service, which has come into the tax net only with effect from 16.05.2008 - demand of service tax under Cargo Handling Services cannot therefore be sustained. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Whether the activity of the appellant falls under the definition of 'Cargo Handling Service' or not.

Analysis:
The case involved the appellant providing services such as 'Cleaning Service' and 'Cargo Handling Services.' The Department issued a Show Cause Notice for non-payment of service tax on these services. The Original Authority confirmed the demand, interest, and penalties. In appeal, the demand for Cleaning Services was set aside, but the demand for Cargo Handling Services was upheld. The appellant challenged the demand for Cargo Handling Services, arguing that there was no written contract with the service recipient and that they had only leased out their excavators. The appellant contended that the shifting of boulders was not part of the contract, therefore not falling under 'Cargo Handling Service.'

The appellant relied on various legal decisions to support their argument. The respondent, however, supported the findings in the impugned order, stating that the Department's evidence from the service recipient's statement proved the activity carried out by the appellant. The main issue was whether the appellant's activity constituted 'Cargo Handling Service' as defined. The statement from the service recipient indicated that they had hired excavators from the appellant without a written agreement and used them in the quarry. However, the appellant did not collect any service tax, and the service recipient paid hire charges. The appellant was not involved in loading or unloading boulders, as shown in the statement. The Tribunal concluded that the activity did not fall under 'Cargo Handling Service' but might be considered as 'Supply of Tangible Goods Service,' which was taxable from a later date. Thus, the demand for service tax under Cargo Handling Services was set aside, and the appeal was allowed with consequential reliefs, if any.

This judgment highlights the importance of analyzing the nature of services provided and the specific terms of contracts to determine the applicability of tax liabilities. The Tribunal's decision was based on a thorough examination of the evidence and legal precedents, ultimately providing clarity on the tax treatment of the appellant's services.