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2011 (7) TMI 571 - AT - Service TaxWaiver of pre-deposit - Commercial training and coaching service - Assessee carry out part of their operations through third parties under a franchise agreement - Revenue submits that study materials on which exemption under Notification No. 12/2003 dated 20.6.2003 is being claimed by appellants have no price tag and are integral part of services rendered and study materials are not the text books - These materials are integrated to performance of service of coaching - Held that - As the question of applicability of exemption under Notification No. 12/2003 has been examined in the case of M/s Sayaji Hotel Ltd. 2011 (1) TMI 650 - CESTAT, NEW DELHI wherein it was held that such contracts are service contracts and no sale is involved in such transaction, therefore, segregation of value made in the invoice as taxable and non-taxable is just a ploy to evade service tax due on rendering of service - Held that - appellants have not been able to prove prima facie case - Appellants have also not claimed the plea of financial hardship - Decided against the assessee.
Issues involved:
Challenge to Order-in-Original confirming Service Tax demand, imposition of penalty, applicability of exemption under Notification No.12/2003-ST, issue of sale of study material, segregation of taxable and non-taxable amount in invoices, interpretation of composite service, pre-deposit requirement for stay application. Analysis: Challenge to Order-in-Original: The appellants contested the Order-in-Original confirming the Service Tax demand, penalty, and interest imposed by the Commissioner of Service Tax. They argued that the Commissioner exceeded the scope of the show-cause notice by demanding service tax on the basis that no sale took place, and the order was solely based on audit objections without independent assessment. Applicability of Exemption under Notification No.12/2003-ST: The appellants claimed entitlement to exemption under Notification No.12/2003-ST, stating that they met all conditions provided therein. They argued that the value of books sold was separately shown in invoices, and the activity of selling goods was subject to State VAT, where books were exempted. They also contended that the demand was time-barred due to no suppression of facts. Issue of Sale of Study Material: The dispute centered around the sale of study material by the appellants. The Commissioner found that no sale of goods or material took place, as the study material was considered an integral part of the coaching service rendered. The Commissioner concluded that the study material was not intended for sale but was used for coaching purposes. Segregation of Taxable and Non-taxable Amount in Invoices: The invoices issued by the appellants showed a breakdown of taxable and non-taxable amounts, including standard textbooks and other materials. The Commissioner held that the study material could not be segregated from the coaching service and was part of a composite service, leading to the conclusion that no sale of goods occurred. Interpretation of Composite Service: The Commissioner's decision emphasized that the study material was essential to the coaching service provided by the appellants and could not be treated as a separate sale of goods. The Commissioner viewed the amount realized from the study material as reimbursement for the service provided, indicating a composite service that included the study material. Pre-deposit Requirement for Stay Application: Considering the arguments presented by both sides and the lack of a prima facie case proven by the appellants, the Tribunal ordered a pre-deposit of 30% of the Service Tax amount demanded within six weeks to stay the recovery of the remaining amount, interest, and penalties during the appeal's pendency. This detailed analysis of the judgment highlights the key issues involved, arguments presented by both parties, and the Tribunal's decision regarding the Service Tax demand, exemption claim, sale of study material, invoice segregation, interpretation of composite service, and pre-deposit requirement for the stay application.
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