2006 (12) TMI 53 - AAR - Service Tax

In the Instant case the activity in respect of which an advance ruling is sought is not the one which is proposed to be provided but is an ongoing activity

Summary

Issues:
1. Whether service tax liability can be imposed on a manufacturing and exporting company availing transportation services.
2. Entitlement to exemption from service tax for a company exclusively involved in 100% export.
3. Eligibility for benefits under Rule 3(1)(iii) of Export of Service Rules, 2005 for transportation services provided in relation to business.
4. Inclusion of all activities facilitating export within the ambit of export and enjoying the same benefits.

Analysis:
1. The applicant, a manufacturing and exporting company, sought an advance ruling on service tax liability for availing transportation services. The Authority raised concerns regarding the ongoing nature of the activity and its maintainability under Section 96A of the Service Tax Act, as the ruling pertains to proposed services, not ongoing activities. Citing precedents, including M/s McDonald's India Pvt. Ltd., the Authority rejected the application, emphasizing the distinction between ongoing activities and proposed services.

2. Regarding the entitlement to exemption from service tax for a company engaged in 100% export, the applicant argued that the pending matter before the Commissioner pertained to assessment, not substantial legal questions addressed in the application. The applicant contended that the subject matter before the Authority differed from the pending matter, seeking a ruling on substantial legal issues relevant to the recent provisions of the Act.

3. The applicant also inquired about eligibility for benefits under Rule 3(1)(iii) of Export of Service Rules, 2005, concerning transportation services provided in relation to business activities. The Authority's rejection was based on the non-maintainability of the application due to the ongoing nature of the activity in question, aligning with the interpretation of advance ruling provisions and precedents.

4. Lastly, the issue of including all activities facilitating export within the ambit of export and enjoying associated benefits was addressed. The Authority's decision to reject the application was primarily grounded in the inapplicability of seeking an advance ruling for ongoing activities, as clarified by the definition of advance ruling under Section 96A of the Service Tax Act. Consequently, the application was rejected without delving into the second ground for rejection, as the primary reason sufficed for dismissal.