2010 (4) TMI 650 - AT - Service Tax

Waiver of pre-deposit Business Auxiliary service charges received from other factories of appellant held as in relation to sale of cigarettes demand treating printing and packing division as provider of Business Auxiliary Service to other division of appellant - prima facie merit in the contention of the Applicant that no Service Tax is leviable for the services provided to oneself, in view of the decisions relied upon by the Applicant pre-deposit waived recovery stayed

Summary

Issues:
1. Waiver of pre-deposit of Service Tax, interest, and penalties.
2. Classification of charges under 'Business Auxiliary Service'.
3. Taxability of services provided to other divisions of the same company.

Analysis:
1. The Applicant filed an application for waiver of pre-deposit of Service Tax, interest, and penalties amounting to Rs. 40,58,04,211.00. The demand was raised on the Packaging and Printing Division of M/s. ITC Ltd. at Munger, Bihar. The Adjudicating Authority classified certain charges as 'Business Auxiliary Service', leading to the demand. The Applicant sought waiver based on the argument that services provided to oneself are not taxable. The Tribunal found merit in this contention and waived the pre-deposit, staying the recovery during the appeal.

2. The Adjudicating Authority had classified the charges in question as related to services provided by the Applicant in connection with the basic activity of the Company, i.e., sale of cigarettes, under 'Business Auxiliary Service'. However, the Applicant argued that no Service Tax is leviable for services provided to oneself, citing relevant case laws. The Tribunal agreed with the Applicant's contention, holding that no Service Tax is applicable in such circumstances. Consequently, the demand was not upheld, and the pre-deposit amount was waived.

3. The Revenue contended that the Applicant's failure to properly explain the Inter-Division Charges/Intra-Corporate Notional Charges led to the rightful imposition of the demand. However, the Tribunal found that the Adjudicating Authority's decision to confirm the Service Tax demand on the Printing and Packing Division as a provider of business auxiliary services lacked merit. Relying on the decisions cited by the Applicant, the Tribunal held that no Service Tax is chargeable for services provided to oneself. As a result, the pre-deposit requirement was waived, and the recovery stayed pending the appeal process.