2006 (12) TMI 50 - AT - Service Tax

Tour Operator Revenue contended that the activity of respondent of hiring out his single vehicle registered as taxi fall under tour operator Authority after considering the detail reject the revenue contention

Summary

Issues:
1. Whether the service provided by the Respondent falls under the category of 'tour operator' or 'rent-a-cab' service.
2. Whether a Government office hiring a single taxi for their officer can be considered a 'tour operator'.

Analysis:
1. The Commissioner (Appeals) noted that the Respondent, engaged in hiring out a single taxi, was not conducting 'tour operation' but providing 'rent-a-cab' service. The service was utilized by M/s. BSNL for their employees, not for pre-determined tours. The Commissioner referred to RTA clarifications to support that the use of taxi by a Government office does not qualify as 'tour operator' service.

2. The Tribunal observed that Government officers, eligible for a car per service contract, were instructed to engage taxis instead. This practice was deemed not falling under the 'tour operator' category. The Tribunal rejected the Revenue's argument, emphasizing that considering all taxis as 'tour operators,' including auto rickshaws, would be fallacious. The appeal by the Revenue was dismissed, affirming that the engagement of taxis by Government offices did not meet the 'tour operator' criteria.

In conclusion, the Tribunal upheld the Order-in-Appeal, determining that the Respondent's service constituted 'rent-a-cab' rather than 'tour operator' service. The decision clarified that the engagement of taxis by Government offices for official use did not classify them as 'tour operators,' rejecting the Revenue's appeal and emphasizing the distinction between the two service categories.