2007 (3) TMI 59 - AT - Service Tax

Leased Circuit Service Alleged that appellant were liable to pay service tax on the services of providing Interconnectivity to other cellular operators and basic telephone service providers covered under leased circuit services Held appellant not liable for payment of service tax

Summary

Issues:
Confirmation of demand, imposition of penalty, waiver of pre-deposit, taxable service under section 65 of the Finance Act, 1994, interconnectivity services, service tax liability, identical issue with Fascel Ltd. v. CST [2007] 8 STT 317 (CESTAT - Ahd.), interpretation of 'Leased Circuit Services', applicability of Tribunal's decision in Fascel Ltd. case.

Confirmation of Demand and Imposition of Penalty:
The stay application in this case pertains to the confirmation of demand, penalty imposition, and interest on the confirmed demand. The Tribunal considered the service tax demand arising from the appellant providing interconnectivity services to cellular operators and basic telephone service providers. The adjudicating authority found the interconnectivity charges collected by the appellant as falling under the ambit of service tax liability under 'Leased Circuit Services'. The Tribunal analyzed the records and upheld the service tax demand, leading to the appellant seeking a waiver of pre-deposit.

Interpretation of 'Leased Circuit Services' and Applicability of Tribunal's Decision:
The Tribunal referred to a similar issue in the Fascel Ltd. case, where it was established that interconnection between telecom authorities does not necessarily imply leasing of circuits and collection of charges. The Tribunal in the Fascel Ltd. case concluded that charges for interconnectivity services cannot be considered as 'leased circuit services'. Drawing parallels, the Tribunal in the present case found the issue to be identical to the Fascel Ltd. case and ruled in favor of the appellant. The Tribunal set aside the impugned order and allowed the appeal based on the precedent set by the Fascel Ltd. judgment.

Conclusion:
The judgment by the Appellate Tribunal CESTAT, Ahmedabad addressed the confirmation of demand, imposition of penalty, and waiver of pre-deposit concerning service tax liability on interconnectivity services provided by the appellant. By analyzing the interpretation of 'Leased Circuit Services' and applying the precedent set by the Fascel Ltd. case, the Tribunal ruled in favor of the appellant, setting aside the impugned order and allowing the appeal.