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2011 (8) TMI 310 - AT - Service TaxMandap Keeper services - whether renting out immovable property for conducting trade fair is covered by the entry for Mandap Keeper in Finance Act 1994 - The matter has been finally disposed under the decision reported at ADA Rangamandira Trust Vs. CCE (2006 -TMI - 1402 - CESTAT, BANGALORE)and confirmed by the high court in (2010 -TMI - 77837 - KARNATAKA HIGH COURT), holding that the organizing dances is a social function and is covered by the entry for Mandap Keeper.
Issues:
1. Determination of service tax liability for a partnership firm leasing premises for events. 2. Assessment of penalties under sections 76, 77, and 78 of the Finance Act, 1994. 3. Interpretation of whether certain activities like trade fairs, training, and dance programs are taxable under the Mandap Keeper entry in the Finance Act, 1994. Issue 1: Determination of service tax liability The case involved a partnership firm leasing premises for events without being registered under relevant rules and not paying service tax. The Revenue demanded service tax on the gross amount received by the Respondent. The adjudicating authority confirmed the demand but adjusted the tax paid through the lessor. The Commissioner (Appeals) scrutinized invoices and held that certain activities like trade fairs and training were not taxable. He also considered the amounts received as cum-tax amounts, reducing the net liability to Rs. 16546. Issue 2: Assessment of penalties Penalties under sections 76, 77, and 78 were imposed by the adjudicating authority. The Commissioner (Appeals) reduced penalties under sections 76 and 78 to Rs. 16546 each and under section 77 to Rs. 500. The Appellant disputed the figures and penalties, leading to a remand for the correct determination of amounts. The Tribunal waived the penalty under Section 76, recognizing it as the same offense as Section 78. However, the penalty under Section 77 was deemed maintainable due to non-registration and non-filing of returns by the Appellant. Issue 3: Interpretation of taxable activities under the Mandap Keeper entry The Tribunal analyzed whether activities like trade fairs, training, and dance programs were covered under the Mandap Keeper entry in the Finance Act, 1994. It referred to previous decisions and held that renting out premises for trade fairs was not taxable, but training and dance programs were taxable. The Tribunal emphasized the distinction between business functions and social functions based on relevant case law, remanding the matter for a correct assessment of tax and penalties. In conclusion, the Tribunal's judgment clarified the service tax liability for the partnership firm, adjusted penalties, and interpreted the taxability of various activities under the Mandap Keeper entry. The case highlights the importance of proper registration, tax compliance, and accurate assessment of taxable services to avoid penalties and ensure fair taxation practices.
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