2011 (5) TMI 808 - AT - Service Tax

Demand of service tax - appellant explained that the study materials sold to students taking coaching were text books and there shall not be any levy of Service tax on such sale value. So also it was his submission that these materials being meant for educational institutions, those are text books only - authority was aware that supply of text books is exempt from levy of Service tax, study materials were not available to public nor student community at large for use by them since those materials were only meant for private use of students enrolled for coaching, interest of Revenue need to be protected at this interim stage directing pre-deposit during pendency of the appeal

Summary

Issues:
1. Whether the assessable value of commercial coaching service includes the cost of coaching study materials.
2. Whether the study materials sold by the appellant qualify as textbooks exempt from Service tax.

Analysis:
1. The Tribunal considered three cases with a total approximate tax demand of Rs. 27.39 lakhs. The appellant argued that the study materials sold were textbooks for coaching students and should not attract Service tax. The Department, however, supported the lower authorities' decisions.

2. The Tribunal examined the assessable value of the coaching service provided by the appellant to determine if it should include the cost of study materials. The adjudicating authority had previously noted that the supply of textbooks is exempt from Service tax. However, the authority found that the study materials in question were not textbooks recognized by law or commonly understood in the education system. These materials were deemed not available to the public or student community at large, intended only for private use by enrolled students.

3. The Tribunal, prima facie, agreed with the adjudicating authority's conclusion and directed the appellant to make a pre-deposit of Rs. 27 lakhs in five monthly installments. Failure to comply would result in the order being vacated, allowing the Department to recover its dues. The appellant was required to report compliance by a specified date.

4. To ensure payment of installments, the appellant had to submit a copy of the challan to the original authority within a week of depositing each installment. Non-compliance could prompt the revenue to seek appropriate action from the Tribunal.

This judgment highlights the importance of determining whether study materials qualify as exempt textbooks for Service tax purposes and the obligation of the appellant to make a pre-deposit pending appeal.