2007 (9) TMI 44 - AT - Service Tax

Tour operator service Revenue contended that appellant liable for service tax under Tour operator on the ground of appellants are having tourist permits and they are working as tour operator Matter remanded to adjudicating authority to decide afresh

Summary

Issues:
1. Whether the appellants are liable for service tax as tour operators or booking agents.

Analysis:
The appellants contested the demand of service tax and penalties, arguing that they are not subject to service tax as tour operators but are merely booking agents for other tour operators. They presented agent licenses issued by the Regional Transport officer to support their claim. The appellants emphasized that they are only involved in ticket bookings and should not be considered tour operators. They highlighted that during the disputed period, service tax for booking agents was not applicable, and they only registered as travel agents and started paying service tax from a later date. The appellants challenged the sustainability of the demand, asserting that they should not be categorized as tour operators.

The Revenue, on the other hand, contended that the appellants failed to provide evidence supporting their assertions before the adjudicating authority. They obtained information from the Regional Transport office indicating that the appellants held 19 All India Tourist Permits, suggesting that they were functioning as tour operators. The Revenue presented a letter from the Regional Transport Authority identifying the tourist permits in the name of the appellants, reinforcing their argument that the appellants were indeed tour operators. The Revenue also pointed out that the agent license produced by the appellants indicated that they were acting as agents for themselves, which further supported their position.

Upon review, the Tribunal noted the conflicting claims and evidence presented by both parties. While the appellants denied having tourist permits and maintained that they were solely booking agents, the Revenue's evidence from the Regional Transport authority suggested otherwise. The Tribunal found that crucial evidence regarding the tourist permits was not available before the lower authority during the initial proceedings. Consequently, the Tribunal set aside the impugned order and remanded the matter back to the adjudicating authority for a fresh decision. The appellants were instructed to appear before the adjudicating authority for further proceedings, allowing both parties an opportunity to present their arguments and evidence. The appeal was disposed of by way of remand, emphasizing the need for a re-examination of the case based on the new evidence provided by the Revenue.

In conclusion, the judgment highlighted the importance of considering all relevant evidence and providing a fair opportunity for both parties to present their case in matters concerning the classification of entities for service tax purposes. The decision to remand the case underscored the need for a thorough reevaluation based on the updated information, ensuring a just and informed decision by the adjudicating authority.