2014 (10) TMI 137 - AT - Service Tax

Waiver of pre deposit - Sound recording service or advertising agency service - Held that - Activities undertaken by the appellant involves writing of scripts, recording voices of artists, producing the program, providing musical background and recording of sound. Thus, it is a combination of activities and not merely recording of sound. Therefore, we are of the prima facie view that the appellant s activity does not fall within the statutory definition of sound recording . The appellant has a bona fide case for grant of stay. - Stay granted.

Summary

Issues:
1. Appeal and stay petition against Order-in-Original No. 77/02/V/2014/Commr/ANS dated 05.03.2014.
2. Confirmation of service tax demand, interest, and penalty under Section 78 of the Finance Act, 1994.
3. Interpretation of the definition of sound recording in relation to the appellant's activities.
4. Classification of the appellant's activities as falling under the definition of sound recording or advertising agency service.

Analysis:
1. The judgment pertains to an appeal and stay petition against Order-in-Original No. 77/02/V/2014/Commr/ANS dated 05.03.2014, confirming a service tax demand, interest, and penalty under Section 78 of the Finance Act, 1994. The appellant, M/s Radiowani, challenged this order before the Appellate Tribunal CESTAT Mumbai.

2. The appellant's activities involved writing scripts, recording voices, producing programs, providing musical background, and recording sound for advertising jingles. The appellant argued that these activities did not fall within the statutory definition of "sound recording" as per the relevant statute. The appellant contended that since the activities were undertaken as a sub-contractor for an advertising agency, they should be classified as advertising agency services, making the demand unsustainable in law.

3. The Revenue, represented by the Additional Commissioner (AR), argued that the definition of sound recording includes any service in relation to recording in any manner, encompassing the activities undertaken by the appellant. However, the Tribunal noted that the appellant's activities were a combination of tasks beyond mere sound recording, indicating that they did not strictly fall within the statutory definition of sound recording. Therefore, the Tribunal held that the appellant had a bona fide case for grant of stay and waiver from pre-deposit of the dues adjudged by the impugned order.

4. Consequently, the Tribunal granted unconditional waiver from pre-deposit of the dues and stayed the recovery during the pendency of the appeal. The judgment highlighted the distinction between the activities of the appellant and the definition of sound recording, ultimately ruling in favor of the appellant's argument regarding the classification of their services.