2016 (1) TMI 885 - AT - Service Tax

Club or Association Services - collection of subscription from their members during the period 2005-06 - Held that - appellant was collecting subscription from their members of the Federation and therefore, the Federation is covered under the ambit of Club s or Association Membership Services under the provisions of Section 65 of the Finance Act, 1994. This issue is no more res-integra in view of various decisions of the Hon ble Gujarat High Court and the Tribunal - Demand set aside - Decided in favor of assessee.

Summary

Issues:
1. Whether the demand of service tax for "Club's or Association's Membership Services" by the appellant is justified.
2. Whether the appellant falls under the category of 'Club or Association Services' as per Section 65(95a) of the Finance Act, 1994.
3. Whether the decisions of the Hon'ble Gujarat High Court and Tribunal support the appellant's position regarding service tax.

Analysis:

Issue 1: The judgment revolves around the demand of service tax for "Club's or Association's Membership Services" by the appellant, a cooperative sugar factory federation. The adjudicating authority confirmed the tax demand, along with interest and penalty, under the category of 'Club or Association Services' as per Section 65(95a) of the Finance Act, 1994. The Commissioner (Appeals) upheld this decision.

Issue 2: Upon reviewing the impugned order, it was found that the appellant collected subscriptions from their members, placing them under the ambit of 'Club's or Association Membership Services' as per Section 65 of the Finance Act, 1994. This conclusion was supported by previous decisions of the Hon'ble Gujarat High Court and the Tribunal, such as Sports Club of Gujarat Limited vs. UOI and Green Environment Services Cooperative Society Limited vs. UOI. These judgments declared certain provisions of the Finance Act, 1994, related to service tax on club memberships, as ultra vires.

Issue 3: The judgments of the Hon'ble Gujarat High Court in cases like Sports Club of Gujarat Limited vs. UOI and Surat Textile Traders' Association vs. UOI provided precedents that service tax on club memberships was beyond the legislative competence of Parliament. These decisions influenced the current case, where both authorities below had noted the appellant's collection of subscriptions from members. As a result, the impugned order was deemed unsustainable, leading to the allowance of the appellant's appeal with consequential relief.

This detailed analysis of the judgment showcases the legal intricacies surrounding the demand for service tax on club memberships and how previous judicial decisions influenced the outcome of the case.