2012 (7) TMI 630 - AT - Service Tax

Regarding demand for service tax under the category of Intellectual Property Right Services - horse race club - licensed book makers (bookies in short) accept bets from public - Club conducts live telecast of races which can be viewed from other racing clubs in India - neither the show-cause notice nor orders-in-original gives a clear proposal or findings as to what is the intellectual property rights involved in the transactions Held that - No categorization or findings by the learned Commissioners in any of the orders and, therefore - appellants have made out a strong case in their favour against the demand of service tax under the category of Intellectual Property Right Services . Regarding Broadcasting Services - horse race club - licensed book makers (bookies in short) accept bets from public - Club conducts live telecast of races which can be viewed from other racing clubs in India Held that - Duty demand is for the period 01.04.2007 to 31.03.2009, they will not be, prima facie, liable to service tax during this period and would come under the service tax net only from 2010 onwards. Regarding Business Support Services - horse race club - licensed book makers (bookies in short) accept bets from public - Club conducts live telecast of races which can be viewed from other racing clubs in India Held that - Neither of services rendered by the race course to the book makers will come under the category of Business Support Services - unconditional waiver of dues granted

Summary

Issues:
- Service tax demand on amounts received by Turf Club from bookies, caterers, and other race clubs.
- Categorization of income received under different heads like Broadcasting Services, Intellectual Property Right Services, and Business Support Services.
- Prima facie case for waiver of service tax, interest, and penalties.

Analysis:

Service Tax Demand:
The Turf Club faced multiple show-cause notices for service tax demands on income received from bookies, caterers, and other race clubs over different periods. The demands were categorized under various heads such as Broadcasting Services, Intellectual Property Right Services, and Business Support Services. The Commissioner upheld the demands, imposed interest, and penalties under relevant sections of the Finance Act, 1994.

Categorization of Income:
The Tribunal analyzed the categorization of income under different heads. For Intellectual Property Right Services, the lack of clear identification of the specific intellectual property rights involved raised concerns. The Tribunal emphasized the need for clear categorization under the Intellectual Property Right law for service tax demands to be valid. Regarding Broadcasting Services, the Tribunal referenced a previous case involving the sale of television rights by the Board of Cricket Control in India to determine the tax liability period. The Tribunal concluded that the Turf Club's broadcasting services would be taxable only from 2010 onwards, not for the period in question. As for Business Support Services, the Tribunal referred to a previous case involving the Madras Race Club to establish that the services provided by the Turf Club to bookies did not fall under this category. Despite the lack of precedential value, the Tribunal found a prima facie case against the pre-deposit of service tax, interest, and penalties.

Prima Facie Case for Waiver:
The appellant's counsel argued for a waiver based on precedents and circulars issued by the CBEC. The Tribunal considered these arguments and found a strong case in favor of the appellant against the demands of service tax, interest, and penalties. Consequently, the Tribunal granted an unconditional waiver of the dues adjudged in the impugned orders and stayed the recovery during the appeals' pendency.

This detailed analysis highlights the complex issues surrounding the service tax demands on the Turf Club's income and the Tribunal's considerations in categorizing the income under different heads while assessing the appellant's prima facie case for waiver.