2009 (7) TMI 1079 - AT - Service Tax

Summary

Issues:
1. Whether the coaching provided by the appellant qualifies for exemption from service tax.
2. Whether the appellant should be liable to pay service tax.

Analysis:
Issue 1: The appellant claimed exemption from service tax for providing coaching to candidates sponsored by Insurance Companies for the examination conducted by IRDA. The appellant argued that since the candidates do not directly pay the fees and are sponsored by the Insurance Companies, the coaching is vocational training exempt from service tax. The appellant relied on specific notifications and legal judgments to support their position. The Tribunal considered the nature of the activity and the legal citations provided. The Tribunal found merit in the appellant's argument regarding the nature of the coaching provided under sponsorship and directed waiver of pre-deposit during the appeal.

Issue 2: The Department argued that the coaching provided by the appellant should not be exempt from service tax as it is a commercial venture conducted on a mass scale. The Department contended that the payment of fees and the entity making the payment should not be the criteria for tax liability; instead, the nature of the service provided should determine the tax liability. The Department emphasized that whether the candidates appear for the examination or not is irrelevant in determining the tax liability. However, the Tribunal, after hearing both sides and examining the record, found that the appellant's case deserved consideration due to the nature of the activity in preparing candidates for the IRDA examination under sponsorship. The Tribunal decided to waive the pre-deposit during the appeal process based on legal citations and the nature of the activity conducted by the appellant.

In conclusion, the Tribunal considered the arguments presented by both parties regarding the exemption from service tax for the coaching provided by the appellant. The Tribunal found merit in the appellant's position based on the nature of the coaching activity and the sponsorship arrangement with Insurance Companies. The Tribunal directed the waiver of pre-deposit during the appeal process, acknowledging the legal citations and the specific circumstances of the case.