2012 (7) TMI 667 - AT - Service Tax

Short payment of service tax on Compliance Services - assessee is paying service tax on activities for Management Consultancy Service - adjudicating authority stated that meaning of management covers Compliance Services - assessee contested demand to be time barred - Held that - The Tribunal in the case of Futura Polyesters Ltd. (2011 (7) TMI 802 - CESTAT, CHENNAI) clearly stated to the effect that most of the impugned activities could not fall under the definition of Management Consultancy Service - though compliance with laws is part of the responsibilities of management such responsibility per se cannot bring it into the ambit of the words in connection with the management of any organisation used in section 65(105)(r) and section 65 (65) of Finance Act, 1994 to tax such services - clarification given by CBEC circular dated 27-06-2001 that the ordinary meaning of management will not cover Compliance Services & a taxing entry should be understood in the same way in which these are understood in the ordinary parlance. As the demand is time-barred because the appellants were acting on the basis of a circular issued by CBEC, invoking the powers under section 37B of Central Excise Act - If the public act relying on such circulars and still the charge of suppression is slapped on them it can be the worst travesty of justice. So there is no case for invoking suppression in this case - allowed in favour of assessee both on merits as well as on the ground that the notice is barred by time limit specified under section 73 of Finance Act, 1994.

Issues Involved:
1. Classification of Compliance Services under Management Consultancy Service.
2. Interpretation of the term "Management Consultant" as per Section 65(65) of the Finance Act, 1994.
3. Applicability of CBEC circulars and clarifications.
4. Allegation of suppression of facts for invoking an extended period for demand.
5. Time-barred nature of the demand.

Detailed Analysis:

1. Classification of Compliance Services under Management Consultancy Service:
The appellants provided various Compliance Services including assistance with RBI regulations, FIPB, import-export code applications, income tax returns, and other regulatory filings. They did not pay service tax on these services, believing they did not fall under Management Consultancy Service. Revenue argued that these services were taxable under Management Consultancy Service and issued a demand for Rs. 3,53,05,405/-. The Tribunal found that Compliance Services do not fall under Management Consultancy Service, aligning with the CBEC's clarification that services limited to compliance with statutory regulations are not taxable as Management Consultancy.

2. Interpretation of the term "Management Consultant" as per Section 65(65) of the Finance Act, 1994:
Section 65(65) defines a Management Consultant as one providing services related to the management of an organization, including advice on conceptualizing, devising, development, modification, rectification, or up-gradation of any working systems. The Tribunal noted that while compliance with laws is a management responsibility, it does not inherently fall within the scope of Management Consultancy Service. They emphasized that not every management responsibility equates to a management function that would be taxable under this entry.

3. Applicability of CBEC circulars and clarifications:
The appellants relied on CBEC Circular No. 1/1/01-ST dated 27th June 2001, which clarified that services limited to statutory compliance do not fall under Management Consultancy Service. The Tribunal upheld this view, finding merit in the CBEC's interpretation that ordinary meanings should apply to taxing entries, and compliance services are not considered management functions in ordinary parlance.

4. Allegation of suppression of facts for invoking an extended period for demand:
Revenue alleged suppression of facts as the appellants did not include amounts from Compliance Services in their ST-3 returns, thus invoking an extended period for demand. The Tribunal rejected this, noting that the appellants acted on CBEC circulars and clarifications, which provided a bona fide reason for their actions. The Tribunal cited decisions such as Pushpam Pharmaceuticals Co. v. Collector of Central Excise and Wallace Flour Mills Co. Ltd. v. Collector of Central Excise, supporting the view that bona fide belief based on official circulars does not amount to suppression.

5. Time-barred nature of the demand:
The Tribunal concluded that the demand was time-barred. The appellants acted in good faith based on CBEC circulars, and invoking suppression was unjust. The Tribunal emphasized that it would be a travesty of justice to penalize the appellants for relying on official clarifications. Thus, the notice issued was beyond the permissible time limit under Section 73 of the Finance Act, 1994.

Conclusion:
The appeal was allowed on both merits and the ground that the notice was time-barred. The Tribunal ruled that Compliance Services do not fall under Management Consultancy Service, upheld the CBEC circulars, and found no suppression of facts, thus invalidating the extended period for demand.

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