2014 (3) TMI 476 - AT - Service Tax

Waiver of pre-deposit - Photographic Service - Supply of tangible goods - business of supplying equipment for cinematography on hire basis to various agencies which shoot cine film - Held that - this is a dispute which can be argued on either side and this requires detailed examination at the time of final hearing - Conditional stay granted.

Summary

Issues:
Interpretation of service tax provisions for photographic services prior to and after the introduction of a new entry for taxing supply of tangible goods.

Analysis:
The judgment involves a dispute regarding the applicability of service tax provisions to the services provided by the applicant before and after the introduction of a new entry for taxing supply of tangible goods. The applicant supplied equipment for cinematography on hire basis to agencies shooting cine films, who paid hire charges. The Revenue contended that the services fell under the definition of "Photographic Service" taxable under specific entries prior to 16-05-2008. Show Cause Notices were issued for two periods, and demands for tax, interest, and penalties were confirmed against the applicant. The applicant argued that only services directly related to photography should be taxable under "Photographic Services," and the new entry for taxing supply of tangible goods covered their activity post-16-05-2008, implying non-taxability before that date.

The applicant's counsel contended that activities like taking photos, cinematographic shoots, or processing films could be considered photographic services, but not lending equipment for such processes. They argued that the new entry for taxing supply of tangible goods post-16-05-2008 indicated that the applicant's activity was not covered by previous entries. On the other hand, the Revenue's representative argued that the applicant's services, providing cinematographic equipment, were closely related to photography services and fell within the definition of services in relation to photography. They emphasized that all services related to photographic activities were taxable under existing entries pre-16-05-2008, and the new entry was not limited to photographic equipment but encompassed various services where goods may be supplied.

After considering both arguments, the Tribunal found the dispute to be arguable from both sides, necessitating detailed examination during the final hearing. The Tribunal ordered the applicant to make a pre-deposit of Rs.70 lakhs for admission of the appeal within eight weeks, with the waiver of the balance dues for admission of the appeal. A stay on the collection of dues was granted during the appeal's pendency, with compliance to be reported by a specified date. The judgment highlighted the need for further examination and pre-deposit to proceed with the appeal process effectively.