2011 (7) TMI 550 - AT - Service Tax

Business Exhibition Service - Held that - The appellant were paying exhibition charges to the foreign service provider and that they were receiving services from the foreign party during March 06 to September 08. They neither got registered nor paid service tax. Hon ble Supreme Court has confirmed the view of Notification No.36/2004-ST dated 31.12.04 which deciding the case of Hindustan Zinc Ltd. 2009 (1) TMI 266 - SUPREME COURT OF INDIA that services received from outside India are required to pay service tax w.e.f. 01.01.05. Appellant mentioned in column 11 of the appeal that the period of dispute is March 06 to September 08. On page No.4 in para 2 of the appeal the period mentioned is March 06 to September 06 - The learned advocate argued that correct period of dispute is only upto 31.03.06 - However, this is not found corroborated from the documents available - Therefore, remand the case for a factual verification as detailed above by the original adjudicating authority - Accordingly, appeal and stay petition are disposed of.

Summary

Issues:
1. Liability of service tax payment for business exhibition services.
2. Interpretation of Service Tax Rules regarding the payment of service tax.
3. Dispute regarding the period for which service tax is payable.

Analysis:
1. The case involved M/s. Samarpan Fabricators Pvt. Ltd. appealing against the order of the Commissioner (Appeals) regarding the liability to pay service tax for business exhibition services provided by foreign service providers without an office in India. The original adjudicating authority dropped the proceedings, but the Commissioner (Appeals) ordered recovery of service tax from the assessee from 01.01.05 and imposed a penalty under Section 78 of the Finance Act.

2. The appellant contended that as per the Service Tax Rules, the service receiver is responsible for paying service tax, but there was no such provision until 18.04.06 when Section 66A was inserted in the Finance Act, 1994. The issue in question pertained to services received prior to 31.03.06.

3. The Tribunal found that the appellant had been paying exhibition charges to foreign service providers and receiving services from them between March 2006 to September 2008 without registering or paying service tax. Referring to a Supreme Court judgment on Notification No.36/2004-ST, it was established that services received from outside India are liable for service tax from 01.01.05 onwards.

4. The Tribunal noted discrepancies in the appellant's submission regarding the period of dispute, as different dates were mentioned in various documents on record. Despite arguments by the appellant's advocate, the Commissioner (Appeals) did not provide any findings on this aspect. Therefore, a factual verification by the original adjudicating authority was deemed necessary to determine the accurate period of dispute.

5. Consequently, the case was remanded for factual verification by the original adjudicating authority, with the appellants given the opportunity to present their case if required. The appeal and stay petition were disposed of accordingly, emphasizing the need for clarity on the period in question through factual verification.