2013 (10) TMI 393 - AT - Service Tax

Valuation - commercial coaching and training services - inclusion of amount collected for ayment to IATA towards registration and examination etc - The assessee was an Accredited Training Centre (ATC) imparting vocational training to students in Aviation Studies which enable the students to take specialized/responsible jobs that were technical in nature Revenue was of the view that the appellants should have included the amount of registration fee for the purpose of determining the value for the purpose of payment of service tax - Held that - The amount collected by the appellants for payment to IATA towards registration and examination etc. cannot be considered as a remuneration or consideration for the services rendered to the students in the form of Commercial/Coaching Service - Stay granted.

Summary

Issues:
1. Liability of service tax on registration fee collected by the Accredited Training Centre (ATC) for Aviation Studies courses.
2. Applicability of exemption from service tax on registration/examination fee collected for IATA.
3. Prima facie case for waiver of pre-deposit and stay against recovery during appeal.

Analysis:
1. The judgment dealt with the issue of the liability of service tax on the registration fee collected by the ATC for Aviation Studies courses. The appellants were collecting an additional amount termed as registration fee, which was paid to IATA. The authorities initiated proceedings to include this amount in the service tax calculation. The appellants argued that the registration fee was not a consideration for the training/course but for registration and examination services provided by IATA. The Tribunal considered the nature of the amount collected and concluded that it cannot be considered as remuneration for services rendered to students, thus waiving the pre-deposit requirement and granting a stay against recovery during the appeal.

2. The judgment addressed the applicability of exemption from service tax on the registration/examination fee collected for IATA. The appellants relied on a previous case involving Globe College of Travel & Tourism where a deposit was required. However, the Tribunal distinguished the current case, stating that the issue in Globe College of Travel & Tourism was different from the liability of service tax on the registration/examination fee for IATA. The Tribunal found that the amount collected for registration and examination services did not constitute a consideration for commercial or coaching services, supporting the appellants' argument against the imposition of service tax.

3. Lastly, the judgment discussed the prima facie case for waiver of pre-deposit and granting a stay against recovery during the appeal process. After considering the submissions from both sides and reviewing relevant precedents, the Tribunal found that the appellants had made a prima facie case in their favor for waiver. Consequently, the requirement of pre-deposit was waived, and a stay against recovery was granted until the appeal was resolved. The Tribunal's decision was based on the nature of the amount collected for registration and examination services, which was not deemed as consideration for services rendered to students in the form of Commercial/Coaching Service.

This detailed analysis highlights the key issues addressed in the judgment regarding the liability of service tax on registration fees collected by the ATC for Aviation Studies courses, the exemption from service tax on fees collected for IATA, and the decision to waive pre-deposit and grant a stay against recovery during the appeal process.