2012 (10) TMI 446 - Commissioner - Service Tax

Demand of service tax under transport of goods other than water through pipeline - manufacture and supply of Ready Mix Concrete Held that - Common meaning of pipeline would clearly mean a permanent long distance installation of pipes, which connect two terminal points and movement of gas or oil are metered at locations - appellants are not engaged in transportation of goods by pipe line or conduit. Nor they are engaged in making available pipelines as a mode of transport for people, who want to move goods through pipeline - activity of pumping ready-mix concrete at construction sites do not attract service tax under the category transport of goods other than water through pipeline

Summary

Issues:
1. Whether pumping charges for de-charging ready mix concrete from a transit mixer to the spot through a pipeline attract service tax under the category of "Transport of goods other than water through pipeline or other conduit" service.

Analysis:
The case involved an appeal filed by a company engaged in the manufacture and supply of Ready Mix Concrete (RMC) against a Show Cause Notice proposing a demand for service tax on pumping charges collected from customers. The issue revolved around whether the pumping charges for de-charging RMC from a transit mixer to the spot through a pipeline were liable to service tax under the category of "Transport of goods other than water through pipeline or other conduit" service.

The Directorate General of Central Excise Intelligence initiated an investigation based on intelligence that the company was transporting RMC to customers' sites through transit mixer vehicles and pumping the RMC with the help of pumps, collecting pumping charges separately. The company had not discharged its service tax liability on these charges, leading to the issuance of a Show Cause Notice proposing a demand for service tax, interest, and penalties.

The appellant argued that the activity of pumping RMC at construction sites did not fall under the category of "Transport of goods other than water through pipeline or other conduit" service. They cited a previous order by the Commissioner (Appeals) in a similar case where it was held that such activity did not attract service tax. The appellant contended that they were not engaged in transporting goods through pipelines or making pipelines available for transportation.

During the hearing, the advocate representing the appellant requested to drop the proceedings based on a previous order by the forum in a similar case. The judge carefully examined the records and submissions, emphasizing that the appellant transported RMC using special purpose vehicles, not pipelines. The judge referred to relevant circulars clarifying that the service tax liability was intended for transportation through pipelines, which was not the case for the appellant.

The judge concluded that the activity of pumping RMC at construction sites did not attract service tax under the specified category. Citing the previous order in a similar case, the judge set aside the impugned Order-in-Original and allowed the appeal, ruling in favor of the appellant.