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2016 (1) TMI 621 - AT - Service TaxJob Work - Hamali work at sugar warehouse for the sugar factory - Nature of services - Manpower Recruitment and Supply Agency Services or Not - Consideration which has to be paid to the appellant is based upon the quantum of work completed and does not indicate any supply of labourers to the sugar factory. - The contract also talks about stitching of sugar bags after transferring the sugar from torn bags of sugar. - Held that:- services rendered by the appellant-assessees do not come under the purview of 'manpower recruitment or supply service' and hence the impugned service tax demands are not sustainable in law. Similarly in the case of other jobs undertaken such as handling of sugarcane or sugar or cleaning or removal of boiler ash, stitching of sugar bags, etc., undertaken by the appellants, these activities also do not come within the purview of 'Manpower Recruitment or Supply Agency service' - Decision in the cases of SATARA SAHAKARI SHETU AUDYOGIK OOS TODANI VAHTOOK SOCIETY [2014 (12) TMI 42 - CESTAT MUMBAI] Ritesh Enterprises [2009 (10) TMI 182 - CESTAT, BANGALORE] followed - Demand set aside - Decided in favor of assessee
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