2011 (9) TMI 793 - AT - Service Tax

Demand - Time limitation - The internal audit group of the Revenue Department detected that the appellants are receiving payments for making available space on their website for advertisement service - The argument by the Ld. Counsel that making available such space on the website means export of service is prima facie not convincing when customers located in India can click on the website and avail the service - In the case of providing a link to google.inc. also, the adjudicating Commissioner has come to the conclusion that making available such space attracts levy under Section 65(105)(zzzm) - Held that the appellants have not made out a prima facie case for complete waiver of the predeposit. No arguments have also been advanced on behalf of the appellants on the ground of financial hardship - Decided against the assessee by way of direction to deposit Rs. 35 Lakhs

Summary

Issues:
1. Interpretation of Section 65(105)(zzzm) of the Finance Act, 1994 regarding service tax on advertisement services provided on a website.
2. Determination of whether the income generated from marketing products through a website falls under taxable services.
3. Assessment of whether the service provided through a website for shopping and operational assistance qualifies as "Support Services of Business or Commerce."
4. Consideration of invoking the extended period for tax assessment due to non-disclosure of payments received for services.

Analysis:

Issue 1:
The judgment focuses on the interpretation of Section 65(105)(zzzm) of the Finance Act, 1994, which authorizes the levy of service tax on services related to the sale of space or time for advertisement. The adjudicating Commissioner concluded that the appellants received payments for making space available on their website for advertisement services. The argument that a third person is required for such transactions was deemed unconvincing, with the Tribunal holding that the appellants providing space on their website for payment falls within the scope of Section 65(105)(zzzm).

Issue 2:
Regarding the income generated from marketing products through the website, the Commissioner examined the transactions with M/s. Mercado Online Pvt. Ltd. It was determined that allowing marketing through the appellants' website for payment constitutes a taxable service. The argument that providing space on the website constitutes an export of service was not accepted, as customers in India could access the services, leading to the conclusion that the services provided were within the territory of India and subject to service tax.

Issue 3:
The judgment also addresses the service provided through the website for shopping and operational assistance for marketing products/services of M/s. Mercado Online Pvt. Ltd. The Commissioner categorized this service under "Support Services of Business or Commerce," indicating its inclusion in taxable services subject to service tax.

Issue 4:
The Tribunal considered the invocation of the extended period for tax assessment due to the non-disclosure of payments received for the services provided. The decision to invoke the extended period was supported by the fact that the appellants, being familiar with service tax laws, did not disclose the payments received, leading to the issuance of demand notices belatedly.

In conclusion, the judgment upheld the tax liability on the services provided through the website, requiring the appellants to pre-deposit a specified amount while waiving the balance pending appeal.