2011 (8) TMI 652 - AT - Service Tax

Purchase and re-sell of recharge coupons - Held That - In view of R Communications & Power Controls vs. CCE (2008 - TMI - 32811 - CESTAT, CHENNAI) and South East Corporation vs. CCE (2007 - TMI - 2118 - CESTAT, BANGALORE), liable to Service Tax . Franchise of the BSNL - Telcom Services such as cellular, basic phones, WLL connections and customer care - Held That - Facts are not clear, case remanded back to original authority.

Summary

Issues:
Service tax liability on purchasing and reselling recharge coupons to BSNL.

Analysis:
The judgment by the Appellate Tribunal CESTAT, DELHI involved the confirmation of service tax liability of Rs.1,60,616/- along with interest against the applicants for the period from November 2004 to October 2005, related to providing business auxiliary services to M/s.BSNL. A penalty of identical amount was also imposed under sections 76, 77, and 78 of the Finance Act, 1994. The appellants contended that purchasing and reselling recharge coupons did not constitute a service, citing various Tribunal decisions supporting their argument.

The learned Counsel for the appellants argued that the confirmation of service tax was solely based on the reselling of recharge coupons and not on other services provided by them to BSNL. Conversely, the learned SDR representing the respondent highlighted that the appellants were authorized franchisees of BSNL for marketing various telecom services, implying that the service tax was rightly confirmed for the services rendered by the appellants.

The Tribunal found the facts unclear in the impugned order, lacking clarity on whether the demand pertained only to the purchase and sale of recharge coupons or included other services provided by the appellants to BSNL. While the legal issue was clarified by precedent Tribunal judgments, the lack of clarity in the facts led the Tribunal to set aside the impugned order and remand the matter to the original adjudicating authority for verification and clarification of facts to decide the case afresh in line with the referred precedent decisions.

In conclusion, the judgment emphasized the importance of clear facts in determining service tax liability and the need for precise delineation of the services subject to taxation. The remand to the adjudicating authority underscored the significance of factual clarity in resolving tax disputes effectively.