Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

PJ/CASE STUDY/2012-13/16
28 July 2012

Levy of service tax on processing of goods under BAS
Introduction:
 
Business Auxiliary Services – Appellant’s activity of Grinding and smoothening of the edges by clipping of rough iron castings on job work does not amount to manufacture rather it can only be called processing which was not amount to manufacture and not taxable during the period of dispute. During the period of dispute the wordings of clause (v) of Section 65 (19) of Finance Act, 1994 did not cover processing of goods on job work basis which got covered by this clause, when the same was substituted by "production or processing of goods for, or on behalf of, the clients by Sections 65(19) and 65(105)(zzb) of Finance Act, 1994.
 
RATHOUR ENGG. WORKS v/s COMMISSIONER OF C.EX., CHANDIGARH [2012 (27) S.T.R. 37 (Tri.-Del.)]
 
Relevant Legal Provisions:
 
 
·         Section 65(19)(v)“business auxiliary service” means any service in relation to, —
Production or processing of goods for, or on behalf of the client;

·         Section 65(105)(zzb)"taxable service" means any [service provided or to be provided ],-
‘to a client, by [any person] in relation to business auxiliary service.’
 
Brief Facts:
 
-       The appellants are engaged in the activity of grinding and smoothening the edges by clipping of rough iron castings on job work. There is no change of shape or size of the castings in this process and there is no dispute that this process does not amount to manufac­ture. The point of dispute is as to whether during the period from 10-9-04 to 28-2- 05, this activity of the appellants attracted service tax as "Business auxiliary ser­vice" (production of goods on behalf of the client which does not amount to manufacture) under Section 65(105)(zzb) read with Section 65(19)(v) of the Fi­nance Act, 1994.
-       Though the jurisdictional Deputy Commissioner, Central Excise, vide order-in-original dated 31-8-2009 held that the appellant's activity is not taxable under Section 65(105)(zzb) read with Section 65(19)(v) of the Finance Act, 1994, as the same stood during the period of dispute, on Revenue's appeals to C.C.E. (Appeals), the Deputy Commissioner's order was reversed vide order-in­-Appeal No. 190-194/ST/Appl/CHD-I/2010 dated 24-12-2010 and service tax demands of Rs. 1,00,557/-, Rs. 33,222/-, Rs. 1,04,958/- and Rs. 29,401/- were con­firmed against the appellants - M/s. Rathour Engg. Works; M/s. Bhagat Agro Industries; M/s. Sahil Engg. Works and M/s. Raghu Engg. Works respectively along with interest and beside this, penalties were also imposed on them under Sections 76, 77 and 78 of the Finance Act, 1994. Against this order of C.C.E. (Ap­peals), these appeals along with stay applications have been filed.
 
 
 
 
 
Appellant’s Contention:
 
 
-       The assessee contended that during the period of dispute i.e. from 10-9-04 to 15-6-05, the taxable entry in Section 65(19)(v) was "production of goods on behalf of clients which does not amount to manufacture under Section 2(f) of Central Excise Act, 1944", that this entry did not cover production on job work basis but was applicable only when for production, a person was engaged by another for processing of goods entrusted by a third person, that the appellant's activity became taxable w.e.f. 16-5-05 when clause (v) of Section 65(19) was replaced by the entry - "pro­duction or processing of goods, for, or on behalf of, the client" that during the period of dispute, the appellant's activity was not taxable under Section 65(105)(zzb) read with Section 65(19)(v).
-       In this regard he relies upon the judgments of the Tribunal in cases of Auto Coats v. CCE, Coimbatore reported in 2009 (15) STR 398(Tri.-Chennai), M/s Gedee Weiler Pvt. Ltd. v. CCE., Coimbatore reported in 2010 (18) S.T.R. 417 (Tri.-Chennai) and Sonic Watches Ltd. v. C.C.E., Vadodara reported in 2011 (21) S.T.R. 34 (Tri.-Ahmd.), that these judgments are squarely applicable to the facts of these cases, and that in view of this, the im­pugned order is not sustainable.
 
 
Issue Involved:
 
The issue involved in this case was that-
Whether during the period from 10-9-04 to 28-2- 05, the activity of the appellants attracted service tax as "Business auxiliary ser­vice" under Section 65(105)(zzb) read with Section 65(19)(v) of the Fi­nance Act, 1994?
 
 
 
Order of the CESTAT: -
 
v  The CESTAT held that though these matters were listed for hearing of the stay applications, after hearing the same for sometime, they were of the view that the matter the ap­peals themselves can be taken up for final disposal. Accordingly with the consent of both the sides, their appeals were taken up for final disposal after waiving the pre-deposit.
 
v  Further they held that since the appellants carry out the process of grinding and smoothening the edges, called fettling of the rough castings, received from principal manufacturers who clear the goods after carrying out further processes, there is no dispute that this activity of the appellants does not amount to manufacture, it can only be called processing not amounting to manufacture, which was not taxable during the period of dispute. They also agree with the appellant's plea that as held by the Tribunal in cases of M/s. Auto Coats v. C.C.E., Coimbatore (supra), M/s. Gedee Weiler Pvt. Ltd. v. C.C.E., Coimbatore (supra) and M/s. Sonic Watches v. Vadodara (supra) during the period of dispute, the wordings of Clause (v) of Section 65(19) of the Finance Act, 1994 did not cover processing of goods on job work basis which got covered by this clause, when the same was substituted by - "production or processing of goods for, or on behalf of, the clients." In view of this, the impugned order is not sustainable. The same is set aside.


Decision:
The appeals were allowed.
Conclusion:
 
The department contended that processing carried out by the appellant does not amount to manufacture and hence was liable for service tax under BAS category.  But even if it does not amount to manufacture but word “production or processing on behalf of client” was incorporated from a later date. Hence the job work will be covered from this date only. Hence the prior to the same, the job work is not taxable.
But the definition in negative list has been changed. Now the “production or manufacture” of goods on job work basis will be in negative list. The “production” is more than processing but less than “manufacture”. The department will say that the production and manufacture are one and same thing and they are used interchangeably. But it is not the case as both the words are being used in same definition? Let us wait and watch for the outcome. We have also written an article on this controversy.
                                                                                  
                                                                                   ***********
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com