2007 (6) TMI 34 - AT - Service Tax

Commercial training and coaching centre Appellant contended that on computer training, they were entitled to the exemption for the impugned period by Notification No. 24/2004-ST Held that appellant contention was correct and allowed the appeal

Summary

Issues:
Interpretation of Notification No. 24/2004-S.T. and Notification No. 19/2005-S.T.

Analysis:
1. The appeal was filed challenging the interpretation of Notification No. 24/2004-S.T. and Notification No. 19/2005-S.T. The appellant argued that vocational training institutes were exempted from service tax under Notification No. 24/2004-S.T., dated 10-9-04, which included computer education. The exemption was not withdrawn retrospectively unless expressly stated. The intention to exclude computer training institutes was evident in Notification No. 19/2005-S.T., dated 7-6-05. The appellant claimed entitlement to exemption for the period from 10-9-04 to 15-6-05.

2. The Revenue contended that without express grant of exemption, there was no implied benefit. Notification No. 9/2003-S.T., dated 20-6-03, ceased to provide exemption to computer training institutes after 30-6-03. Thus, the appellant's reliance on Notification No. 24/2004-S.T., dated 10-9-04, was unfounded.

3. Upon review, the Tribunal found that Notification No. 24/2004-S.T., dated 10-9-04, did not explicitly exclude computer training from vocational training. Any training enabling employment or self-employment should be considered vocational training unless the legislature indicated otherwise. Exemptions could not be withdrawn retrospectively without express language to that effect. While Notification No. 19/2005-S.T., dated 7-6-05, removed the exemption, the Tribunal ruled in favor of the appellant based on legal principles, allowing the appeal.

Therefore, the Tribunal held that the appellant was entitled to the exemption for the period in question, as the law did not support retrospective withdrawal of exemptions without clear legislative intent.