2007 (4) TMI 41 - AT - Service Tax

Banking and Financial service Department contended that appellant is providing the service of Banking and Financial service and accordingly demand for service tax alongwith penalty Held that the activity (i.e. equipment leasing against payment of rental) of appellant is not liable for service tax

Summary

Issues: Whether the leasing of cryogenic tankers by the appellants constitutes "banking and other financial services" under Section 65(11) of the Finance Act, 1994, leading to the imposition of Service Tax and penalties.

Analysis:

1. The appellants, engaged in manufacturing oxygen and nitrogen, leased out their cryogenic tankers to other parties during 2002-03 and 2003-04. A show-cause notice was issued for recovery of Service Tax and penalties, which was initially dropped by the original authority but later revised by the Commissioner.

2. The argument presented was that the service provided was not taxable under "banking and other financial services" as it was a lease by a non-banking and non-financial company. On the contrary, it was contended that the appellants, being a body corporate, fell under the scope of "equipment leasing." Reference was made to a previous stay order to support this stance.

3. Upon careful consideration, it was observed that the appellants were not a banking or financial institution. The definition of "banking and other financial services" under Section 65 of the Finance Act, 1994 was analyzed. It was concluded that for a company to provide such services, its transactions with customers must be of a financial nature. In this case, the leasing of tankers was deemed as "equipment leasing," which alone did not qualify as a financial service. A distinction was drawn between the tankers leased and ATMs, emphasizing the latter's integral connection with banking services.

4. As a result, a prima facie case was found in favor of the appellants. The judgment included a waiver of pre-deposit and a stay of recovery concerning the tax and penalties imposed.

This detailed analysis of the judgment highlights the interpretation of relevant legal provisions, the arguments presented by both sides, and the reasoning behind the decision reached by the Tribunal.