2022 (8) TMI 470 - AT - Service Tax

Classification of services - activity of loading, transportation and unloading of coal from one point to another point within the mining area - to be classified under transport of goods by road service or under cargo handling service? - HELD THAT - This issue has been decided by a Division Bench of the Tribunal in SINGH TRANSPORTERS VERSUS COMMISSIONER OF CENTRAL EXCISE, RAIPUR 2012 (7) TMI 566 - CESTAT, NEW DELHI and it has been held that the activity would not fall within the definition of cargo handling service . Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Classification of services under "cargo handling service" or "goods transport agency service".

Analysis:
The appeal revolves around the classification of services provided by the appellant under either "cargo handling service" or "goods transport agency service" for the purpose of levying service tax. The Department issued a show cause notice based on the belief that the services provided fall under "cargo handling service" as defined in the Finance Act. The appellant, on the other hand, claimed to be providing "transport of goods by road" service specified in the Act.

The Adjudicating Authority initially dropped the proceedings initiated by the show cause notice, emphasizing that the appellant's services primarily constituted "goods transport agency service" rather than "cargo handling service." The Authority relied on the essential features and dominant elements of the transaction, considering transportation of coal as the principal activity. It concluded that the loading and unloading activities were ancillary to the main service of transporting coal, thus classifying the services under "goods transport agency service."

However, the Commissioner (Appeals) set aside the Authority's order and held that the services provided by the appellant should be classified as "cargo handling service" subject to service tax. The key issue in contention was whether the activity of loading, transporting, and unloading coal within the mining area qualified as "cargo handling service."

In resolving this issue, reference was made to a Division Bench decision in Singh Transporters vs. Commissioner of Central Excise, Raipur, where it was held that similar activities within a mining area did not fall under the definition of "cargo handling service." The Supreme Court also dismissed the Department's Civil Appeal against the Tribunal's decision in Singh Transporters, reinforcing the position that such activities within a mining area did not constitute "cargo handling service."

Based on the precedent set by the Division Bench decision and the Supreme Court's dismissal of the Civil Appeal, the Tribunal concluded that the services provided by the appellant did not qualify as "cargo handling service." Therefore, the Commissioner (Appeals)'s order was set aside, and the appeal in favor of the appellant was allowed.