2013 (12) TMI 1271 - AT - Service Tax

Demand of service tax - Club or Association Services - Following decision in the case of M/s. Indian Performing Right Society Ltd. - prima facie the activity undertaken by the appellant is not covered under the category of Club or Association Services - Stay granted.

Summary

Issues:
1. Whether the amount retained by the applicants is a taxable activity of services under the category of 'Club or Association Services'?
2. Whether the applicants are eligible for unconditional waiver of pre-deposit in the matter based on a similar case precedent?
3. Whether the activity undertaken by the appellant falls under the category of 'Club or Association Services'?

Analysis:
1. The applicants, a company registered under the Companies Act as a Copyright Society, were engaged in collective administration of copyrights and granting licenses for public performance of various contrivances. The Revenue contended that the amount retained by the applicants from the revenue received should be taxable under 'Club or Association Services'. Show-cause notices were issued, and after adjudication, a demand of Service Tax along with penalties was confirmed against the applicants for a specific period. However, the Tribunal found that the activity undertaken by the applicants did not fall under the category of 'Club or Association Services' based on a similar case precedent. Therefore, the requirement of pre-deposit of Service Tax, interest, and penalties was waived, and recovery was stayed during the appeal process.

2. The applicants' counsel argued for unconditional waiver of pre-deposit citing a previous case involving M/s. Indian Performing Right Society Ltd., where the Tribunal had granted such waiver on similar grounds. The Tribunal noted the precedent and agreed that the activity in question was not covered under 'Club or Association Services'. Consequently, the applicants were granted unconditional waiver of pre-deposit based on the similarity of facts with the previous case, ensuring fairness and consistency in the application of legal principles.

3. The Tribunal, in line with the precedent set in a case involving M/s. Indian Performing Right Society Ltd., determined that the activity carried out by the applicants did not fall within the ambit of 'Club or Association Services'. By granting waiver of pre-deposit and staying the recovery of Service Tax, interest, and penalties, the Tribunal acknowledged that the nature of the applicants' business, focused on collective administration of copyrights and licensing for public performance, did not align with the classification of 'Club or Association Services'. This decision emphasized the importance of legal precedents and consistent application of tax laws to ensure fairness and clarity in tax assessments and appeals.