2013 (12) TMI 1438 - HC - Service Tax

Demand of service tax - Valuation of taxable service - Held that - all the service charges are leviable on gross amount charged by the service provider the service tax has to be paid on such entire gross amount. There cannot be any bifurcation of such gross amount and that the challenge to the valuation of taxable service based on any clarificatory letter issued by the Ministry of Finance Government of India on the face of the clear provisions of charging section under Section 66 and the valuation of taxable service under Section 67 is not sustainable - value of taxable service includes gross amount chargeable to service tax and which also includes wages and the amount paid towards provident fund and employees state insurance realised from the customers - Decided against assessee.

Summary

Issues:
1. Assessment of service tax on wage bill of security personnel supplied to third parties.
2. Interpretation of the definition of 'value of taxable service' for service tax purposes.
3. Application of previous inter-party judgments on service tax liability.

Analysis:

1. The petitioner sought relief from the High Court to prohibit the assessment of service tax on the wage bill of security personnel provided to third parties. The Court noted that a similar issue was previously addressed in Central Excise Appeal No. 308 of 2006. The Court referred to a Division Bench decision in M/s Doon Security Service v. Union of India, where it was held that service tax is leviable on the gross amount charged, which includes various expenditures by the service provider. The Court upheld the Tribunal's decision, dismissing the petitioner's appeal based on the previous judgments and established principles.

2. The Court discussed the interpretation of the 'value of taxable service' for service tax purposes. Section 67 of the Finance Act, 2006 mandates the charge of service tax on the gross amount charged by the service provider. Citing the Supreme Court's decision in C.K. Jidheesh v. Union of India, the Court emphasized that service tax must be paid on the entire gross amount without any bifurcation. The Court rejected the petitioner's attempt to challenge the valuation of taxable service based on clarificatory letters, affirming that the gross amount includes wages, provident fund contributions, and insurance payments realized from customers.

3. The Court addressed the application of previous inter-party judgments on service tax liability. Despite the petitioner's efforts to distinguish the judgment in M/s Doon Security Service, the Court held that the matter had been conclusively settled in Central Excise Appeal No. 308 of 2006. The Court reiterated that the value of taxable service encompasses the gross amount chargeable to service tax, including wages and other related expenses. Consequently, the Court dismissed the writ petition, emphasizing the finality of the previous decisions on the issue of service tax liability.

In conclusion, the High Court dismissed the writ petition, upholding the assessment of service tax on the gross amount charged by the service provider, as established by previous judgments and statutory provisions. The Court emphasized the importance of adhering to the defined principles regarding the valuation of taxable service and rejected attempts to re-open settled matters through legal challenges.