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2025 (3) TMI 1247 - AT - Service TaxClassification of service - Construction of Complex Service or not - construction of two residential projects - extended period of limitation - penalty - HELD THAT - It is undisputed that the appellant is engaged in a composite contract involving provision of service as well as transfer of property in goods. The appellants contention that they have discharged applicable VAT on the transactions also remains uncontroverted. It is found that the issue whether service tax could be levied on Composite Works Contract prior to the introduction of the Finance Act 2007 by which the Finance Act 1994 came to be amended to introduce Section 65(105)(zzzza) pertaining to Works Contract was a subject matter of dispute and litigation and was finally settled by the Hon ble Supreme Court in the case of Commissioner of Central Excise Customs Kerala vs. Larsen Toubro Ltd. 2015 (8) TMI 749 - SUPREME COURT . The services provided by the appellant in respect of the projects executed by them for the relevant period being in the nature of composite works contract cannot be brought within the fold of construction of complex service and thus the impugned OIA upholding the impugned OIO confirming the demand along with applicable interest and imposing penalty cannot sustain and is liable to be set aside on merits. Extended period of limitation - penalty - HELD THAT - It is undisputed that the appellant has not collected service tax from the clients/customers during the relevant period and further the issue whether service tax could be levied on Composite Works Contract prior to the introduction of the Finance Act 2007 by which the Finance Act 1994 came to be amended to introduce Section 65(105)(zzzza) pertaining to Works Contract being a subject matter of litigation during the relevant period evidences that the issue involved interpretational disputes. As such no malafide can be attributed to the appellants warranting invoking of the extended period of limitation and the appellants contentions against invoking of extended period of limitation is also tenable. Conclusion - i) The composite works contracts cannot be subjected to service tax under the Construction of Complex Service category prior to the Finance Act 2007 amendment. ii) No malafide can be attributed to the appellants warranting invoking of the extended period of limitation and the appellants contentions against invoking of extended period of limitation is also tenable. Appeal allowed.
1. ISSUES PRESENTED and CONSIDERED
The core legal issue considered in this judgment is whether the demand for Service Tax on the appellant for construction activities undertaken during the period from December 2005 to June 2008 falls under the "Construction of Complex Service" category. Specifically, the question is whether such services should instead be classified as "Works Contract Service," which was not taxable prior to the introduction of the Finance Act, 2007. 2. ISSUE-WISE DETAILED ANALYSIS Relevant legal framework and precedents: The legal framework revolves around the interpretation of the Finance Act, 1994, particularly Section 65(105) and the subsequent amendment introduced by the Finance Act, 2007, which added Section 65(105)(zzzza) pertaining to Works Contract. The key precedents include the Supreme Court's decision in Commissioner of Central Excise & Customs, Kerala vs. Larsen & Toubro Ltd., which held that works contract services could not be taxed prior to June 1, 2007, as there was no specific charging section for such contracts. This decision was reaffirmed in Total Environment Building Systems Pvt. Ltd v Dy. Commissioner of Commercial Taxes. Court's interpretation and reasoning: The Tribunal noted that the appellant's activities involved composite contracts, which included both service provision and the transfer of property in goods. The Tribunal observed that the appellant had discharged applicable VAT on these transactions, indicating the composite nature of the contracts. The Tribunal relied heavily on the Supreme Court's judgment in Larsen & Toubro Ltd., which clarified that service tax could not be levied on composite works contracts before the Finance Act, 2007 amendment. The Tribunal found that the appellant's services fell squarely within this category. Key evidence and findings: The Tribunal acknowledged that the appellant had not collected service tax from clients during the relevant period and that the issue of taxing composite works contracts before the Finance Act, 2007 was a matter of litigation and interpretational dispute. This lack of clarity in the law at the time contributed to the Tribunal's decision. Application of law to facts: The Tribunal applied the principles established in the Larsen & Toubro Ltd. case to the facts of the appellant's case. It concluded that the appellant's activities were indeed composite works contracts and, therefore, not subject to service tax under the "Construction of Complex Service" category for the period in question. Treatment of competing arguments: The Tribunal considered the respondent's arguments, which reiterated the findings of the Appellate Authority. However, the Tribunal found these arguments unpersuasive in light of the Supreme Court's binding precedent, which clearly established that service tax could not be levied on composite works contracts prior to June 1, 2007. Conclusions: The Tribunal concluded that the demand for service tax on the appellant was unsustainable as the services provided were composite works contracts not taxable before the Finance Act, 2007 amendment. It also found no basis for invoking the extended period of limitation due to the interpretational nature of the dispute. 3. SIGNIFICANT HOLDINGS The Tribunal held that the services provided by the appellant, being in the nature of composite works contracts, could not be classified under "construction of complex" service for the relevant period. The Tribunal set aside the impugned Order-in-Appeal and allowed the appeal, providing consequential relief to the appellant. Verbatim quotes of crucial legal reasoning: "The judgment of this Court in the case of Larsen and Toubro Limited (supra) has stood the test of time and has never been doubted earlier. As observed hereinabove, the said decision has been followed consistently by this Court as well as by various High Courts and the Tribunals." Core principles established: The principle that composite works contracts cannot be subjected to service tax under the "Construction of Complex Service" category prior to the Finance Act, 2007 amendment was reaffirmed. The Tribunal also emphasized the importance of the principle of stare decisis, maintaining consistency with the Supreme Court's established jurisprudence. Final determinations on each issue: The Tribunal determined that the appellant's services were not taxable under the "Construction of Complex Service" category for the period in question. It set aside the demand for service tax, interest, and penalties, and allowed the appeal with consequential relief.
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