2013 (4) TMI 428 - AT - Service Tax

Sponsorship of the IPL matches - whether the service falls within the exclusionary clause of Section 65 (105) (zzzn) of the Finance Act, 1994 - Held that - On a true and fair analysis of the sponsorship agreement, that the sponsorship agreement is in relation to cricket tournaments conducted under the auspicious of BCCI/ IPL, that cricket is a sport, and the tournament (league) by the nature of its process is a sporting event, is indisputable. To dissect the generic composition of the sponsorship agreement by reference to a circumstance that payments are made not to the T-20 tournament of cricket matches but to the BCCI/ IPL (which is not a game), is an extravagant and logically misconceived analysis. Surely, it is not anybody s case that the payments were made to BCCI/ IPL for the latter s intrinsic brand image and not for or in relation to the tournament (T-20, which is the subject matter of the sponsorship agreement). The charging provision clearly excludes from chargeability to service tax, sponsorship in relation to sports events. The expression in relation to connotes activities associated with sports events. Sponsorship is not in relation to sports events, but is sponsorship of BCCI / IPL. No justification for the adjudicating authority s assumption that since there is an underlying commercial element in the IPL events, the sponsorship, which is otherwise in relation to a sports event, is not so. In the absence of any limiting words or phrases in the provision (excluding sponsorship of sports events having a commercial purpose from the benefit of immunity to service tax), the adjudicating authority cannot engraft its own policy choices and preferences to the legislatively conferred immunity.

Summary

Issues:
Challenge to adjudication orders on service tax liability for sponsorship of IPL League matches under Section 65(105)(zzzn) of the Finance Act, 1994.

Analysis:

1. Interpretation of Exclusionary Clause:
The central issue in this case is whether the sponsorship of IPL matches falls within the exclusionary clause of Section 65(105)(zzzn) of the Finance Act, 1994. The provision excludes service tax liability for services provided in relation to sponsorship of sports events. The Revenue argues that IPL matches do not qualify as sports events due to commercial elements involved, contending that IPL is not a sports event but an entity of franchisee teams. However, the Tribunal finds this reasoning flawed as the sponsorship agreements are indeed related to T-20 Cricket League matches under BCCI, which are unquestionably sports events. The exclusionary clause must be interpreted without ambiguity, granting immunity to service tax for sponsorship of sports events without imposing restrictions based on commercial purposes.

2. Definition of "Sport" and Sponsorship Agreement Analysis:
The definition of "sport" is crucial in determining the applicability of the exclusionary clause. While the Act does not define "sport," various dictionaries define it as an activity requiring physical effort or skill, usually played according to fixed rules. The Tribunal emphasizes that cricket is undeniably a sport, and the IPL tournaments, being cricket league matches, qualify as sports events. The analysis of the sponsorship agreements reveals that the payments were made for the T-20 cricket tournaments conducted under BCCI/IPL, which are inherently sports events. Dissecting the agreements based on payments to BCCI/IPL rather than the tournaments themselves is deemed illogical and misconceived.

3. Fallacies in Adjudication Authority's Reasoning:
The Tribunal identifies fundamental fallacies in the adjudication authority's reasoning, including the flawed assumption that sponsorship of sports events with commercial elements is not entitled to service tax immunity. Additionally, the authority's assertion that sponsorship of league matches under BCCI/IPL is not sponsorship of sports events but of BCCI/IPL directly is deemed unsustainable. These premises are found to be misconceived, leading to the quashing of the impugned adjudication orders.

4. Conclusion and Decision:
Ultimately, the Tribunal concludes that the adjudication orders are based on erroneous reasoning and are therefore quashed. The appeals challenging the service tax liability for sponsorship of IPL League matches are allowed without costs, emphasizing the correct interpretation of the exclusionary clause under Section 65(105)(zzzn) of the Finance Act, 1994.