2013 (1) TMI 686 - AT - Service Tax

Valuation Short payment of Service tax Penalty u/s 78 u/s 76 u/s 77 - Misstatement - Suppression of facts - Intent to evade payment of duty - Commercial training or coaching centre Exclusion of the value of materials sold from the value of the taxable services - Notification No. 12/2003-ST dated 20.6.2003 - Circular No. 59/8/2003-ST dated 20.6.2003 Two types of bills were being issued one for training and coaching classes run by assessee and the other as a consideration for providing study material to the students by another firm which is run by assessee s wife in same premises Entire receipts are being divided into two parts Whether M/s Soni Patrachar was independently selling the books to their students or whether the same was created on paper and the total consideration received for providing coaching services by M/s Soni Classes was being artificially bifurcated so as to avoid payment of service tax Held that - The bills was not able to produce any literature issued to the public or the invoices issued for enrolling the candidates. There is no material on record to show that M/s Soni Patrachar was an independent proprietary firm. On the other hand a lot of evidence appears on record to reflect upon one fact that though the value of coaching classes being provided by M/s Soni Classes to their students was collected as such the same was being projected under two different categories. Providing study materials test papers etc. is a part of coaching services and is required to be included in the value. At the cost of repetition it may be observed that it is only the extra text books or extra material which is admittedly being sold to the students and is also available for sale to outsiders and students or procured from the outside and sold to the candidates which will not form part of the taxable coaching services The appellant was aware of the fact that it is the entire consideration for the coaching services which has to be taxed. It was only with a mala fide view to save the service tax that he bifurcated the consideration into two different parts and indulged in diverting a part of the consideration to the sale of the study material In favour of revenue

Issues: Valuation of services provided by M/s Soni Classes, Division of consideration for coaching services, Exclusion of material sold from taxable services, Evidence of independent sale by M/s Soni Patrachar, Applicability of Tribunal decisions, Evidence of bifurcation of taxable services, Time bar for tax assessment.

Valuation of services provided by M/s Soni Classes:
The dispute in the appeal pertains to the valuation of services provided by M/s Soni Classes, a commercial training and coaching center registered with the service tax department. The central issue is the consideration for running the coaching center being divided into two parts: one for coaching services and the other for the sale of study material by M/s Soni Patrachar Institute. The Revenue alleged that this division was artificial to evade service tax, leading to the initiation of proceedings against the appellant.

Division of consideration for coaching services:
During investigations, it was revealed that the proprietor of M/s Soni Classes and M/s Soni Patrachar Institute were closely linked, with the same premises being used for both entities. Statements by the proprietor indicated that the total fees charged from students included amounts for classroom coaching and study material. The appellant failed to provide statutory documents showing independent sale of goods by M/s Soni Patrachar, and it was observed that the consideration for coaching services was artificially bifurcated without proper documentation.

Exclusion of material sold from taxable services:
The appellant contended that the study material sold by M/s Soni Patrachar Institute should be excluded from the value of coaching services based on Notification No. 12/2003-ST. However, the law requires documentary proof of the sale value of goods and materials, which was lacking in this case. The tribunal clarified that the exclusion applied only to standard textbooks priced separately, not to all study material provided as part of the service.

Evidence of independent sale by M/s Soni Patrachar:
The appellant failed to provide evidence establishing M/s Soni Patrachar as an independent firm engaged in the sale of study material. Despite directives to produce relevant evidence, the bills presented were generic and did not demonstrate separate activities or sales by M/s Soni Patrachar. The lack of documentation supporting independent sales further weakened the appellant's case.

Applicability of Tribunal decisions:
The appellant cited Tribunal decisions in other cases to support their arguments, but the tribunal found that those precedents did not align with the facts of this case. The key distinction was the absence of evidence showing separate procurement and sale of study material, unlike the situations in the referenced cases.

Evidence of bifurcation of taxable services:
The tribunal noted that the appellant had diverted a portion of the coaching service fees to M/s Soni Patrachar without clear documentation or proof of independent sales. The lack of concrete evidence supporting the division of services between the two entities undermined the appellant's position.

Time bar for tax assessment:
Regarding the limitation period for tax assessment, the tribunal observed that the appellant had knowingly bifurcated the consideration for coaching services to avoid service tax. This deliberate action, coupled with the absence of evidence supporting independent sales by M/s Soni Patrachar, indicated misstatement and suppression of facts to evade tax liability, justifying the rejection of the appeal.

In conclusion, the tribunal dismissed the appeal, finding no merit in the appellant's arguments and upholding the demand for service tax and associated penalties based on the deliberate misrepresentation of the value of taxable services provided by M/s Soni Classes.

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