2008 (7) TMI 70 - AT - Service Tax

Show cause notice was issued demanding service tax on the ground that appellants are providing taxable service of Rent-a-cab - in impugned order demand confirmed on the ground that the appellants are providing tour operator service, is not within the scope of SCN - Even on merit the appellants are having only contract permit for vehicle not having tourist vehicle as per requirement - demand is not sustainable, hence, set aside - appeal is allowed

Summary

Issues:
Demand of service tax confirmed on the ground of providing tour operator service beyond the scope of show cause notice.

Analysis:
The appellants filed an appeal against an order confirming the demand of service tax on the basis that they were providing tour operator service, despite the show cause notice originally treating them as providers of Rent-a-cab service. The adjudicating authority and the Commissioner (Appeals) upheld the demand. The appellants argued that they held a contract carriage permit, not a tourist permit, and therefore, the demand was not sustainable. They cited a decision of the Madras High Court to support their argument. The Revenue contended that the appellants' buses, being used for various customers, fell under the category of a tourist vehicle, making them tour operators.

The Tribunal noted that the show cause notice was issued based on the appellants providing Rent-a-Cab service, not tour operator service. Therefore, confirming the demand on the latter ground was deemed beyond the scope of the notice. Additionally, the Tribunal considered the appellants' possession of a contract permit for vehicles used by VSNL for their employees. Referring to the Madras High Court decision, the Tribunal emphasized the specific conditions a vehicle must meet to be recognized as a tourist vehicle under the Motor Vehicles Rules. As the appellants did not meet these conditions, the demand was deemed unsustainable, and the appeal was allowed with consequential relief as per law.

This judgment highlights the importance of aligning the grounds of demand with the scope of the show cause notice in tax matters. It also underscores the significance of meeting specific criteria to be classified under certain service categories, as demonstrated by the requirements for a vehicle to be considered a tourist vehicle. The decision provides clarity on the conditions necessary for a business to be classified as a tour operator under relevant laws and rules.