Nandganj Sihori Sugar Co. Ltd. C. C. E., Lucknow Bajpur Co-operative Sugar Factory Ltd. C. C. E., Meerut II

Similar documents
[2014] CESTAT) CESTAT, NEW DELHI BENCH

C. B. MOR CELLULAR COMMISSIONER OF CENTRAL EXCISE, NAGPUR

STATE OF GUJARAT KAIRAVI STEEL

2015 (1) TMI CESTAT NEW DELHI

[2016] CESTAT) CESTAT, MUMBAI BENCH

Credit allowed on capital goods use to manufacture exempted intermediate product as duty was paid on final product

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3198 OF 2019 (Arising out of S.L.P.(C) No of 2017) VERSUS

F. No. 137/85/2007-CX. 4 Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs New Delhi

IN THE HIGH COURT OF JHARKHAND AT R A N C H I ---- Tax Appeal No. 04 of I.T.O., Ward NO.1, Ranchi. Appellant. Versus

[2016] 68 taxmann.com 41 (Mumbai - CESTAT) CESTAT, MUMBAI BENCH. Commissioner of Service Tax. Vs. Lionbridge Technologies (P.) Ltd.

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH

Greater Noida Industrial Development Authority. Commissioner of Customs, Central Excise and others

Consignor Or Consignee who is - (a) factory, society, registered dealer of excisable goods, body corporate, partnership firm, AOP &

In The Customs, Excise & Service Tax Appellate Tribunal

2015-TIOL-1036-CESTAT-MUM IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL WEST ZONAL BENCH, MUMBAI COURT NO.I

Commissioner of Service Tax, Mumbai-II. WNS Global Services

State of Karnataka. Transglobal Power Limited

Applicability of CST/ VAT on E-Commerce Transactions:

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N KUMAR THE HON BLE MRS. JUSTICE RATHNAKALA

A FORTNIGHTLY VAT/GST LAW REPORTER 2002 NTN

COMMISSIONER, CUSTOMS, CENTRAL EXCISE AND SERVICE TAX. MONSANTO MANUFACTURER PVT. LTD. and vice versa)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.2015 OF 2007 VERSUS J U D G M E N T

BEFORE THE FULL BENCH: ODISHA SALES TAX TRIBUNAL: CUTTACK

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MR. JUSTICE B.MANOHAR C.S.T.A. NO.

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 18TH DAY OF SEPTEMBER 2012 PRESENT THE HON'BLE MR. JUSTICE K.

Respondent preferred an appeal there against before the Commissioner (Appeals), which by an order dated was allowed. Appellant preferred an

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI G. D. AGRAWAL, PRESIDENT AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATER. Judgment delivered on: ITA 243/2008. versus

A FORTNIGHTLY VAT/GST LAW REPORTER 2003 NTN 22)-7 [ALLAHABAD HIGH COURT]

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: F NEW DELHI BEFORE SH. G.C. GUPTA, VICE PRESIDENT AND SH. INTURI RAMA RAO, ACCOUNTANT MEMBER.

THE HIGH COURT OF DELHI AT NEW DELHI

Rule 8 (3A) of CE Rules, 2002 Is it all pervasive? (G. Natarajan, Advocate, Swamy associates)

2. We have carefully considered the records before us and the submissions advanced and various case laws relied upon by both the sides. The brief fact

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2016 VERSUS J U D G M E N T

Click to Close. Click to Print. Case Tracker. Passed by the. Date COMMISSIONER MUMBAI-II. Airline

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.JUSTICE DILIP B.BHOSALE AND THE HON'BLE MR.JUSTICE B.MANOHAR ITA NO.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF Tapan Kumar Dutta...

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA. ITA No.450/Ag/2015 Assessment Year:

IN THE HIGH COURT OF DELHI AT NEW DELHI ITA 605/2012. CIT... Appellant. Through: Mr Sanjeev Rajpal, Sr. Standing Counsel. versus ORIENTAL STRUCTURAL

with ITA No.66/2011 % Decision Delivered On: JANUARY 20, VERSUS ORIENT CERAMICS & INDS. LTD. VERSUS

versus CORAM: JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU O R D E R %

Commissioner of Income-Tax Vs. Punjab Chemical & Crop Protection Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. M/s Lakhani Marketing Incl., Plot No.131, Sector 24, Faridabad

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH H : NEW DELHI

Appeal No: 345/Raj/2011 & 43/EA2/Raj/2011 ORDER

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Central Excise Act, 1944 DECIDED ON: CEAC 22/2012

Parle Agro Pvt. Ltd. Commissioner, Commercial Taxes, Trivandrum

Pr. Commissioner of Income Tax 3, Aayakar Bhavan, M.K. Road,

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT, Date of Decision: 23rd February, ITA 1222/2011

IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: SWASTIK INDUSTRIAL POWERLINE LTD. versus COMMISSIONER TRADE & TAXES DELHI

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: ITA 232/2014 COMMISSIONER OF INCOME TAX-VI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT: INCOME TAX MATTER. Judgment delivered on : ITR Nos. 159 to 161 /1988

At the time of Sec. 80G approval object of trust needs to be examined without considering application of income

2011 NTN (Vol. 45)-75 [PUNJAB AND HARYANA HIGH COURT] Hon'ble Adarsh Kumar Goel. Hon'ble Ajay Kumar Mittal, JJ. VAT Appeal No. 54 of 2010 (O&M) M/s

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B BENCH BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND SHRI RAJENDRA (ACCOUNTANT MEMBER)

ITA No. 331 of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. ITA No. 331 of 2009 (O&M) Date of decision: November 4, 2009

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2017 VERSUS WITH CIVIL APPEAL NO.9365 OF 2017 VERSUS WITH

IN THE HIGH COURT OF KARNATAKA, BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MR.JUSTICE ARAVIND KUMAR

ALLAHABAD HIGH COURT. COMMISSIONER OF INCOME-TAX Versus PRABHU DAYAL AND BROTHERS

2011-TIOL-443-HC-MAD-CUS IN THE HIGH COURT OF MADRAS. C.M.A.No.3727 of 2004, W.P of 2011 and W.P of 1998 and CMP.No.

Commissioner of Income Tax 2. Mr. Suresh Kumar for the appellant Mr. Niraj Sheth i/b Atul Jasani for the respondent. DATED : 4 th JUNE, 2018.

Master class on GST. Institute of Company Secretaries of India - WIRC. CA Ashit Shah. Shah & Savla LLP. Chartered Accountants

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE Ms.JUSTICE K.B.K.

Sri Bhagavathy Traders. Commissioner of Central Excise, Cochin

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI

Indus Tower Limited and another. State of Andhra Pradesh and others

MEMORANDUM ON MODEL GST LAW

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: THE COMMISSIONER OF INCOME TAX. - versus M/S ZORAVAR VANASPATI LIMITED

Commissioner of Trade Tax, U.P., Lucknow. vs. M/s Executive Engineer, Rampur. And. Trade Tax Revision Nos. 353 & 354 of 1995

THE HIGH COURT OF DELHI AT NEW DELHI. Judgment reserved on: Judgment delivered on: CEAR No. 5/2001 UOI & ORS...

IN THE INCME TAX APPELLATE TRIBUNAL, C BENCH, KOLKATA. Before : Shri M. Balaganesh, Accountant Member, and Shri S.S. Viswanethra Ravi, Judicial Member

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI VIJAY PAL RAO, JM & SHRI RAJENDRA, AM

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : I : NEW DELHI

2009 NTN (Vol. 41) - 89 [IN THE SUPREME COURT OF INDIA] Hon'ble Mr. S.H. Kapadia & Hon'ble Mr. Harjit Singh Bedi, JJ. Civil Appeal No.

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: versus SMCC CONSTRUCTION INDIA FORMERLY

OCTOBER 18 INDIRECT TAX LAW REPORT PATRON ADVISER ADVISER

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH I, MUMBAI BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER

Group 4 Securitas Guarding Ltd. vs The Regional Provident Fund... on 30 October, 2003

Case Studies in Service Tax - Covering various important Issues/ Aspects. July 2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX. Judgment reserved on : Judgment delivered on : ITA No.

% Date of order; December 14,2010 COMMISSIONER OF INCOME TAX VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DVAT ACT, 2004 Decided on : ST.APPL. 65/2014. versus

VERSUS M/S. BHAGAT CONSTRUCTION CO. PVT. LTD... Respondent. VERSUS M/S. M.R.G. PLASTIC TECHNOLOGIES AND ORS... Respondent

PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND

INDIRECT TAXES Central Excise and Customs Case Law Update

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE VINEET SARAN AND THE HON BLE MRS.JUSTICE S SUJATHA

Recent Amendment in MVAT & CST Laws

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH 'B' NEW DELHI. ITA Nos.2337 & 4337/Del/2010 Assessment Years: &

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH PRESENT THE HON BLE MR.JUSTICE B.S.PATIL AND THE HON BLE MR.JUSTICE P.S.DINESH KUMAR. ITA No.

Paul Merchants Limited. Commissioner of Central Excise and Service Tax, Chandigarh-I

BEFORE THE APPELLATE AUTHORITY (Constituted under Section 22A of the Chartered Accountants Act, 1949) APPEAL NO. 03/ICAI/2017 IN THE MATTER OF:

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO OF 2017

IN THE HIGH COURT OF DELHI AT NEW DELHI

ITA No. 140 of had been sold on , had been handed over to him. The assessee furnished the desired information and documents, including

IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : INCOME TAX MATTER. ITA No-160/2005. Judgment reserved on: 12th March, 2007

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.JUSTICE N.KUMAR AND THE HON'BLE MR.JUSTICE B.MANOHAR ITA NO.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.JUSTICE DILIP B.BHOSALE AND THE HON'BLE MR.JUSTICE B.MANOHAR CEA.NO.

Advanced Tax Laws and Practice

Transcription:

[2015] 79 VST 330 (CESTAT) [CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL] (NEW DELHI BENCH) Nandganj Sihori Sugar Co. Ltd. V. C. C. E., Lucknow Bajpur Co-operative Sugar Factory Ltd. V. C. C. E., Meerut II RAGHURAM G. J. (PRESIDENT) AND RAKESH KUMAR (TECHNICAL MEMBER) January 13,2014 HF Assessee, including dealer (Registered or Unregistered) SERVICE TAX GOODS TRANSPORT AGENCY SERVICE TRANSPORTER GOODS TRANSPORT AGENCY TO ISSUE CONSIGNMENT NOTES OR GRS OR CHALLANS OR ANY DOCUMENTS CONTAINING PARTICULARS AS PRESCRIBED IN EXPLANATION TO RULE 4B OF SERVICE TAX RULES, 1994 TRANSPORTATION OF SUGARCANE BY INDIVIDUAL TRUCK OWNERS FROM CANE COLLECTION CENTERS TO SUGAR MILLS BY ISSUING FORTNIGHTLY BILLS NOT A SERVICE OF GOODS TRANSPORT AGENCY NO LIABILITY ON SUGAR MILLS ON PAYMENTS MADE TO TRANSPORTERS SERVICE TAX RULES, 1994, RR.2(1)(D)(V), 4B FINANCE ACT (32 OF 1994), S.65(50A), (50B), (105)(ZZP). The appellants-sugar mills set up cane collection centers and arranged the transportation from there to the sugar mills, the charges for the same at an average rate being deducted from the price for the sugarcane paid to the farmers. The transporters engaged by the appellants were individual truck owners who charged for transport by presenting fortnightly bill and as such no consignment notes were issued. The Department took the view that the appellants had received the service of goods transport agency taxable under section 65(105)(zzp) of the Finance Act, 1994 and demanded tax from the appellants as service recipient under rule 2(1)(d)(v) of the Service Tax Rules, 1994 read with Notification No. 35/2004(ST) dated December 3, 2004, on the payments made by them to transporters. Accordingly show-cause notices were issued to them for demand of service tax along with interest thereon and also for imposition of penalties. The adjudicating authorities confirmed the tax demand as made in the show-cause notices along with interest and penalties. The appellants filed appeals. The Department also filed an appeal against that part of the order of the adjudicating authority in the case of an appellant extending the benefit of abatement under Notification No. 32/2004-ST: Held, allowing the appeals, filed by the appellants and dismissing the appeal filed by the Department that under rule 4B of the Service Tax Rules, 1994, any goods transport agency which provided service in relation to transport of goods by road in a goods carriage would issue a consignment note to the customer. A goods transport agency in terms of its definition under section 65(50b) provided service in relation to transportation of goods under a consignment note which should have the particulars as prescribed in Explanation to rule 4B. It was an admitted fact that no consignment note was issued by the transporter to the appellants. The fortnightly bills issued by the transporters could not be treated as consignment notes, as a consignment note issued by goods transport agency represented its liability to transport the consignment handed over to it to the destination and deliver the same to the consignee.the transportation of goods by individual truck owners without issue of consignment note, GR s and billties, etc., as prescribed in rule 4B of the Service Tax Rules, would be simple transportation and not the service of goods transport agency which involved not only

undertaking the transportation of the goods handed over to it but also undertaking delivery of the goods to the consignee and also temporary storage of the goods till delivery. When the transports did not issue consignment notes or GRs or challans or any documents containing the particular as prescribed in Explanation to rule 4B of the Service Tax Rules, 1994, the transporters could not be called goods transport agency and, hence, in these cases, the service of transportation of sugarcane provided by the transporters would not be covered by section 65(105)(zzp). Therefore there would be no service tax liability on the appellants as they had not received the service from a goods transport agency. Final Order Nos. 50679, Final Order Nos. 50680, Final Order Nos. 50681/2014-CU(DB), Service Tax Appeal Nos. ST/556, Service Tax Appeal Nos. ST/573/2008 CU(DB), Service Tax Appeal Nos. ST/134/2009 CU(DB) decided on January 13,2014 Bipin Garg, Advocate, for the assessee. R. Puri, Departmental Representative, for the Department. Cases referred to : -------------------------------------------------- ORDER RAKESH KUMAR (Technical Member). The facts giving rise to theseappeals are, in brief, as under: M/s. Nandganj Sihori Sugar Co. Ltd. (hereinafter referred to as "M/s. Nandganj") and M/s. Bajpur Co-operative Sugar Factory Ltd. (hereinafter referred to as "M/s. Bajpur") are engaged in manufacture and sale of sugar and molasses, chargeable to Central excise duty. Both these sugar mills during the period of dispute were required to pay a price fixed by the Government of Uttar Pradesh to the farmers for purchase of sugarcane and the price was for delivery of sugarcane by the farmers at the sugar mills. In both the cases the appellant's sugar mills had set up cane collection centers where the farmers could deliver the sugarcane by making their own arrangement. The transportation of sugarcane from various cane centers to the sugar mills, was arranged by the appellants by arranging the transport and the charges for the same at an average rate were deducted from the price for the sugarcane paid to the farmers. The transporters engaged by the appellant's were individual truck owners who charged for transportation of the sugarcane from the sugarcane collection centers to the respective sugar mills by presenting fortnightly bill and as such no consignment notes were issued. The Department was of the view that the appellantsugar mills have received the service of goods transport agency taxable under section 65(105)(zzp) of the Finance Act, 1994 and accordingly the service tax was required to be paid by them on the amount paid by them to the transporters for this transportation. Accordingly a show-cause notice dated July 1, 2006 was issued to M/s. Bajpur Co-operative Sugar Factory Ltd. for demand of service tax amounting to Rs. 4,07,248 for the period of January 1, 2005 to 2006 along with interest thereon and also for imposition of penalty and a show-cause notice dated June 14, 2007 was issued to M/s. Nandganj for demand of service tax amounting to Rs. 20,05,760 for the period from January 2005 to February 2007 along with interest thereon and also for imposition of penalty. 1.2 While the show-cause notice issued to M/s. Bajpur was adjudicated by the Assistant Commissioner vide order-in-original dated August

23, 2008 by which the service tax demand as made in the show-cause notice was confirmed along with interest and besides this, penalty were imposed under sections 77 and 78, the show-cause notice issued to M/s. Nandganj was adjudicated by the Additional Commissioner vide order-inoriginal dated September 11, 2007 by which the service tax demand as Page No: 332 made in the show-cause notice confirmed along with interest and penalty were imposed under sections 76, 77 and 78 of the Finance Act, 1994. 1.3 On appeal being filed by M/s. Nandganj against the Additional Commissioner's Order, the Commissioner (Appeals) vide order-in-appeal dated March 31, 2008 while upholding the levy of service tax held that M/s. Nandganj are eligible for the abatement under Notification No. 32/2004-ST and accordingly remanded the matter to the original adjudicating authority for re-quantifying the service tax demand. Against this order of the Commissioner (Appeals) while M/s. Nandganj have filed the Appeal No. ST/ 573/08, the Department has filed the Appeal No. ST/556/08 against the part of the order extending the benefit of Notification No. 32/2004-ST on the ground that M/s. Nandganj do not satisfy the conditions of this notification, inasmuch as no cognizance can be taken of the declaration regarding non-availment of Cenvat credit by the transporters, as no consignment notes had been issued. 1.4 Against the Assistant Commissioner's order in case of M/s. Bajpur, an appeal was filed before the Commissioner (Appeals) who vide order-in-appeal dated June 16, 2008 upheld the Assistant Commissioner's Order. Against this order of the Commissioner (Appeals), the Appeal No. ST/134/09-CU[DB] has been filed. 1.5 In both these cases the stand of the appellant-sugar mills was that for transportation of the sugarcane from the cane collection centers to the sugar mills, individual truck owners had been engaged and transport charges had been paid to them against their fortnightly bills and no consignment notes or GRs or billties had been issued by the transportation and for this reason, this activity would not attract service tax under section 65(105)(zzp) as goods transport agency service. But this plea was not accepted by the first appellant authority. Heard both the sides. Sh. Bipin Garg, advocate, the learned counsel representing both the appellants, pleaded that for transportation of sugarcane from cane collection centers to the sugar mills, individual truck owners had been engaged, that payment had been made to the individual transporters against periodical bills raised by them, that no consignment notes or GRs or bilties had been issued, that for attracting service tax under section 65(105)(zzp), service should have been provided to a customers by a goods transport agency in relation to transportation of goods by road in a goods carriage, that in terms of section 65(50a) of the Finance Act, 1994, goods carriage has the meaning assigned to it in clause (14) of section 2 of the Motor Vehicles Act, Page No: 333 1988, that in term of section 65(50b) of the Finance Act, 1994, "goods transport agency" means any commercial concern which provides service in relation to transport of goods by road and issues consignment note by

whatever name called, that the service tax under section 65(105)(zzp) is attracted in respect of service provided by a goods transport agency which has issued consignment notes for transportation of goods, that in these cases no consignment notes have been issued, that this fact is clear in the case of M/s. Nandganj from para 3 of the statement of facts in the Revenue's appeal, wherein it is mentioned that transporters do not issue any GRs and challans for transportation of sugarcane and only issue the bills against which the payment is made, that this fact is also clearly mentioned in para 5 of the show-cause notice issued to M/s. Nandganj, wherein it is mentioned that "the transporters of sugarcane do not issue consignment notes for cane transportation, but they raise bills on fortnightly basis wherein, besides other things, quantity of cane transported and place from where transported is also mentioned and thus the bill has all the requisites of consignment note", that same is the position in case of M/s. Bajpur that where transporters engaged in transportation of sugarcane from collection centers to the sugarcane mills did not issue consignment notes, GRs or challans but only issued the fortnightly bills, that these fortnightly bills cannot be called consignment notes, and that since no consignment notes were issued by transporters, the appellant-sugar mills as service recipient are not liable for payment of service tax, as no service had been received from any goods transport agency, and that in view of this, the impugned orders are not sustainable and as such the Revenue's appeal in case of M/s. Nandganj regarding extending the benefit of Notification No. 32/2004-ST is without any merits. Sh. R. Puri, the learned Departmental Representative, defended the impugned order by reiterating the findings of the Commissioner (Appeals) on the point that the appellants have received the service of goods transport agency and emphasised that the fortnightly bills for transportation issued by the transporters are in the nature of the consignment notes. He also pleaded that M/s. Nandganj are not eligible for abatement under Notification No. 32/2004-ST as the conditions of this exemption are not satisfied. We have considered the submissions from both the sides and perused the records. The appellant incurred expenditure on transportation of sugarcane from the cane collection centers to their sugarcane mills and these charges were adjusted against the payment for sugarcane made to the Page No: 334 farmers. The point of dispute is as to whether the transporters are goods transport agency as defined under section 65(50b) of the Finance Act, 1994 and whether the appellant as recipient of the service provided by the transporters would be liable to pay service tax in terms of the provisions of rule 2(1)(d)(v) of the Service Tax Rules. In term of section 65(105)(zzp), the taxable service means "any service provided to a customer, by a goods transport agency, in relation to trans-- port of goods by road in a goods carriage". In terms of section 65(50a) ibid. "goods carriage" has the meaning assigned to it in clause (14) of section 2 of the Motor Vehicles Act, 1988. In terms of section 65(50b), "goods transport agency" means any commercial concern which provides service in relation to transport of goods by road and issues consignment note, by whatever name called. The service tax has been demanded from the appellants as service recipient under rule 2(1)(d)(v) of the Service Tax Rules, 1994 read with Notification No. 35/2004(ST) dated December 3, 2004, on the payments made by them to transporters against the fortnightly bills

being presented by them. While admittedly no consignment notes or GRs have been issued by the transports, according to the Department the transporter's bills are in the nature of the consignment notes. Under rule 4B of the Service Tax Rules, 1994, "any goods transport agency which provides service in relation to transport of goods by road in a goods carriage shall issue a consignment note to the customer". In terms of Explanation to rule 4B, "consignment note" means a document, issued by goods transport agency against the receipt of goods for the purpose of its transport by road in a goods carriage, which is serially numbered and contains the name of consignor and consignee, registration number of the goods carriage in which goods are transported, details of goods transported, details of the place of origin and destination, person liable for paying service tax whether consignor, consignee or goods transport agency. Thus mere transportation of the goods in a motor vehicle is not the service provided by a goods transport agency. A goods transport agency in term of its definition under section 65 (50b) provides service in relation to transportation of goods under a consignment note which should have the particulars as prescribed in Explanation to rule 4B. In the present case admittedly no consignment notes have been issued. The fortnightly bills cannot be treated as consignment notes, as a consignment note issued by goods transport agency represents its liability to transport the consignment handed over to it to the destination and deliver the same to the consignee and merely a bill issued for transportation of goods cannot be treated as consignment note. The fact Page No: 335 of non-issue of consignment to M/s. Nandganj is admitted in the showcause notice itself. In case of M/s. Bajpur though it is not mentioned in the show-cause notice, this plea has been made by the appellant and the same has not been refuted. The transportation of goods by individual truck owners without issue of consignment note, GR's and billties, etc., as prescribed in rule 4B of the Service Tax Rules, would be simple transportation and not the service of goods transport agency which involves not only undertaking the transportation of the goods handed over to it but also undertaking delivery of the goods to the consignee and also temporary storage of the goods till delivery. When the transports did not issue consignment notes or GRs or challans or any documents containing the particular as prescribed in Explanation to rule 4B of the Service Tax Rules, 1994, the transporters cannot be called "goods transport agency" and, hence, in these cases, the service of transportation of sugarcane provided by the transporters would not be covered by section 65(105)(zzp). In view of this we hold that there will be no service tax liability on the appellant sugarcane mills, as they have not received the service from a goods transport agency. In view of this the impugned orders are not sustainable and the same are set aside. The appeals filed by M/s. Nandganj and M/s. Bajpur are allowed. As regards the Revenue's appeal, since it has been held that there is no service tax liability of the appellants, there would be no merit in it and the same is dismissed. Page No: 336