2013 (4) TMI 527 - AT - Service Tax

Valuation - exclusion of cost of goods Board s circular dated 20.06.2003 Notification No. 12/2003-ST - question in this appeal is whether the entire value of the services provided by the appellant herein (including the value of course material supplied) is to be included in the gross value of the service provided by the appellant and also whether the Government has exempted the whole of the value of goods and material sold, from the gross value of taxable service, vide the Notification issued under Section 93(1). - Held that - The exemption notification is clear and admits of no restrictive clauses. Consequently, the assessee is entitled to relief. - Decided in favor of assessee.

Summary

Issues involved:
Service tax liability on commercial training and coaching services; Interpretation of Notification No. 12/2003-ST dated 20.06.2003; Validity of Board Circular dated 20.06.2003.

Analysis:
The judgment deals with the issue of service tax liability on commercial training and coaching services provided by the appellant. The adjudicating authority had confirmed the service tax liability, interest, and penalties imposed on the appellant for the period from 01 December 2004 to 30 June 2006. The primary authority concluded that the value of course material supplied by the appellant to its students should be included in the gross value of the service rendered, despite the appellant's claim for exemption under Notification No. 12/2003-ST dated 20.06.2003. The appellate authority partially allowed the appeal by granting relief on the liability amount without challenging the assessment basis. The appellant challenged the orders of both authorities before the tribunal, disputing the inclusion of course material value in the taxable service amount.

The genesis of the dispute lies in Circular No. 59/8/2003-ST dated 20.06.2003, the relevant legislative provision, and the exemption granted under Notification No. 12/2003-ST dated 20.06.2003. The tribunal analyzed the statutory provisions and the exemption notification in detail. The tribunal found that the Central Government had exempted the value of goods and material sold by a service provider from service tax liability under specific conditions. The tribunal highlighted a Board Circular dated 20.06.2003, which imposed restrictions on the exemption by stating that only the sale value of standard textbooks would be excluded from service tax in commercial training and coaching institutes.

The tribunal concluded that the clarification in the Board Circular was illegal and contrary to the statutory exemption notification. It emphasized that the Central Government, not the CBEC, has the authority to grant exemptions from tax liability. The tribunal held that the appellant was entitled to the benefit of the exemption under Notification No. 12/2003-ST dated 20.06.2003, disregarding the unauthorized conditions imposed by the CBEC. The tribunal also referred to previous decisions supporting the appellant's position and rejected the Revenue's arguments based on a different tribunal decision involving a distinct factual scenario.

The tribunal dismissed the Revenue's arguments and upheld the appellant's entitlement to the exemption under the clear and unrestrictive language of the notification. Consequently, the tribunal allowed the appeal, quashing the order confirming the adjudication, with no costs imposed on either party.