2011 (8) TMI 414 - AT - Service Tax

Tax liability - Import of service - Import of services were not taxable prior to 18.4.2006 - Decided in favor of assessee

Summary

Issues:
Whether the appellants are liable to pay service tax and commission to foreign agents for services received prior to 18.4.2006.

Analysis:
The dispute in the present appeals revolves around the liability of the appellants, engaged in the manufacture of excisable goods and exporting to foreign countries, to pay service tax and commission to their foreign agents. The agents appointed by the appellants in overseas markets procure export orders and are paid commission based on sales. The period under consideration in the appeals is from 9.7.2004 to 31.12.2004.

The lower authorities had confirmed the service tax against the appellant by citing various provisions of service tax and notifications. However, the Tribunal, in its judgment, referred to the decision of the Bombay High Court in the case of Indian National Shipowners Association Vs. Union of India, where it was held that recipients of services from abroad were not liable to pay service tax prior to 18.4.2006 when Section 66A of the Finance Act 1994 was enacted. This decision was further upheld by the Hon'ble Supreme Court. Since the period in question in the present appeals falls before 18.4.2006, the Tribunal applied the ratio of the said decision and concluded that no service tax liability can be imposed on the appellants. Consequently, the impugned order was set aside, and the appeals were allowed with consequential relief.

In conclusion, the Tribunal's judgment clarified that the appellants were not liable to pay service tax and commission to their foreign agents for services received prior to 18.4.2006, in line with the legal precedents established by the Bombay High Court and the Supreme Court. The decision provides a clear interpretation of the applicable law and sets a precedent for similar cases involving service tax liabilities on services received from abroad.