2013 (12) TMI 1174 - AT - Service Tax

Waiver of pre deposit - Demand of service tax - Renting of immovable property services - Held that - receipts was for giving furniture and fixture fixed in the said property on hire to M/s. Satya Prakash Recreation (P) Ltd. The said service does not stand notified to fall under the category of renting of immovable property services . Prima facie the service is not liable to service tax - Stay granted.

Summary

Issues:
1. Interpretation of "renting of immovable property services" for service tax liability.
2. Application of exclusion clause for property rented for hotel business.
3. Tax liability on receipts for providing furniture and fixtures on hire.

Analysis:
1. The appellants were issued a show cause notice for service tax demand on renting their premises, categorized as immovable property services. The original adjudicating authority upheld the demand, contending that the property was rented for running a hotel business. On appeal, the Commissioner (Appeals) acknowledged that the definition of "renting of immovable property services" excludes buildings used for accommodation like hotels. He disagreed with the lower authorities on the applicability of the exclusion clause to properties rented for hotel businesses, deeming their denial of the exclusion clause as untenable.

2. Despite ruling in favor of the assessee regarding the non-taxability of properties rented for hotels, the Commissioner (Appeals) confirmed a service tax demand on receipts received by the appellant for providing furniture and fixtures on hire to a third party. The appellant argued that this service does not fall under "renting of immovable property services" and is not liable for service tax. Consequently, the tribunal found no justification for confirming the service tax on these receipts, thereby waiving the pre-deposit condition and penalties imposed on the appellant unconditionally.

3. The tribunal's decision highlights the importance of correctly interpreting the scope of services subject to taxation, particularly in cases involving the renting of immovable properties and ancillary services like providing furniture and fixtures on hire. The judgment emphasizes the need for a nuanced understanding of tax laws to avoid erroneous tax liabilities and underscores the role of appellate authorities in rectifying misinterpretations by lower adjudicating bodies.