2019 (4) TMI 907 - AT - Service Tax

Goods Transport Agency Service - Indian port of entry handling and inland transportation service - composite contracts - short paid duty - Held that - The composite service may include various intermediary and ancillary services such as loading/unloading, packing/unpacking etc. provided in the course of transportation of goods by road. These services are not provided as independent activity but as means of successful implementation of the principal service, namely the transportation of goods by road. It has, therefore, been stated that a composite service even if it consists of more than one service, should be treated as a single service based on the main or principal service. Thus, any ancillary/intermediate service provided in relation to transportation of goods, and the charges, if any, for such services are included in the invoice issued by the Goods and Transport Agency and not by any other person. Such service would form part of Goods and Transport Agency Service. The learned Authorized Representative of the Department has also made an attempt to convince us that the services rendered by the Appellant were not merely transportation of the goods, but something more and, therefore, fell within the definition of Cargo Handling Services - This activity, as is also apparent from the agreement, is clearly ancillary services provided in relation to transportation of goods. The Appellant is, therefore, correct in asserting that it is not providing Cargo Handling Service‟. Thus, it is more than apparent that the Appellant is not rendering Cargo Handling Services‟ to GVK/Gautami - Impugned order set aside - appeal allowed - decided in favor of appellant.

Issues Involved:
1. Classification of services provided by the Appellant.
2. Whether the services rendered by the Appellant fall under "Cargo Handling Services" or "Goods Transport Agency Services."
3. Correctness of Service Tax payment by the Appellant.

Issue-wise Detailed Analysis:

1. Classification of Services Provided by the Appellant:
The Appellant, formerly known as M/s Alstom Projects India Limited and now M/s G.E. Power India Limited, entered into agreements with GVK Industries Limited and Gautami Power Project for the supply of power plant equipment and various services. The services rendered included Designing and Engineering Services, Construction Services, Erection, Commissioning, and Testing Services, and Indian Port of Entry Handling and Inland Transportation Services. The primary dispute is regarding the classification of the fourth category of services, specifically whether they fall under "Cargo Handling Services" or "Goods Transport Agency Services."

2. Whether the Services Rendered by the Appellant Fall Under "Cargo Handling Services" or "Goods Transport Agency Services":
The Department contended that the Appellant incorrectly discharged Service Tax under "Goods Transport Services" for the Indian Port of Entry Handling and Inland Transportation Services, arguing that these services should be classified as "Cargo Handling Services." The Appellant argued that it was responsible only for the safe transportation of goods and not for any cargo handling services.

The Tribunal examined the definitions under Sections 65(23) and 65(50b) of the Finance Act, 1994. "Cargo Handling Service" includes loading, unloading, packing, or unpacking of cargo but excludes mere transportation of goods. "Goods Transport Agency" refers to any person providing services related to the transport of goods by road and issuing a consignment note.

The Tribunal noted that the Appellant's responsibilities included coordinating with suppliers to ensure timely transportation to the project site, which is ancillary to the principal service of transportation. This was supported by Clause 2.1.3 of the Agreement with GSK, which specified the Appellant's role in handling materials and equipment at the port of entry.

The Tribunal also referred to a Circular dated 6 August 2008, which clarified that intermediary and ancillary services provided in the course of transportation by road are part of the composite service of Goods Transport Agency. Therefore, the Tribunal concluded that the services rendered by the Appellant were not independent cargo handling activities but ancillary to the transportation of goods.

3. Correctness of Service Tax Payment by the Appellant:
The Appellant argued that it had already paid Service Tax on the services rendered, including the amounts received for entry clearance at the port and inland transportation. The Tribunal found that the Appellant had engaged Customs House Agents for clearing imported goods and paid Service Tax on reverse charge basis for inland transportation services provided by Goods Transport Agencies.

The Tribunal observed that the Appellant was not a "Cargo Handling Agency" and that the services provided were part of the composite service of transportation by road. The Tribunal also noted that the Department's contention that the Appellant was rendering "Cargo Handling Services" was not supported by the evidence or the terms of the contract.

Conclusion:
The Tribunal set aside the impugned order, concluding that the Appellant correctly classified and discharged Service Tax under "Goods Transport Agency Services" and not "Cargo Handling Services." The operative portion of the order was pronounced in the open court.

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