2012 (11) TMI 290 - AT - Service Tax

Whether value of SIM cards would form value of service rendered - Appellants are engaged in the business of providing mobile telephone services Held that - This is not a case where the extended period of time could have been invoked for demanding service tax not paid on value of SIM cards sold - period of demand in this case is Dec. 1997 to March 2000 when the law involved in the matter was still evolving - in 2003, the GOI issued exemption Notification No. 12/2003-S.T. for value of goods sold in the course of providing service - demands time-barred

Summary

Issues:
Interpretation of legal provisions regarding the taxation of SIM cards in the context of mobile telephone services and whether the demand for service tax beyond the normal limitation period is valid.

Analysis:
The Appellants, engaged in mobile telephone services, provided pre-paid and post-paid connections involving the sale of SIM cards. The Revenue contended that the sale of SIM cards was integral to the service provided, necessitating service tax payment on the total billed amount. A Show Cause Notice was issued beyond the limitation period, demanding unpaid service tax, interest, and penalties. The Appellants argued the demand was time-barred, citing the Apex Court's decisions limiting simultaneous service tax and sales tax imposition.

The Revenue argued that the value of SIM cards formed part of the service value, citing a Kerala High Court decision affirmed by the Supreme Court. They contended that non-disclosure by the Appellants justified invoking the extended 5-year limitation period for the demand. The Tribunal noted the constitutional interpretation issue and referred to the Apex Court's guidance on determining the nature of SIM card transactions.

The Tribunal, considering the evolving legal landscape during the dispute period, found the demand for unpaid service tax on SIM card value to be time-barred. They highlighted the subsequent exemption notification by the Government in 2003, supporting their decision based on the legal evolution. Ultimately, the appeal was allowed, declaring the demands as time-barred.

In conclusion, the judgment centered on the interpretation of whether SIM card sales should be subject to service tax, the validity of the demand period, and the impact of legal developments on the case. The Tribunal's decision, influenced by the evolving legal framework and precedents, favored the Appellants by deeming the demands as time-barred, emphasizing the importance of legal evolution in resolving tax disputes.