2008 (11) TMI 58 - AT - Service Tax

Photography services value of printing paper & chemicals used into preparation of photo prints in view of decision of Tribunal in the case of Deluxe Color Lab. (P) Ltd., held that the photography service is a work contract involving both the elements of sale and service and the sale portion activity cannot be subjected to tax - non-inclusion of value of materials being in accordance with law, the extended period of limitation cannot be invoked - appeals are allowed by way of remand.

Summary

Issues: Valuation of photography services for taxation purposes, applicability of works contract involving sale and service elements, limitation period for tax demands.

In this case, the appellants were providing photography services which were categorized under a specific tax provision. The main issue revolved around the valuation of these services for taxation purposes. The department had included the value of printing paper and chemicals used in preparing photoprints in the taxable amount. The advocate for the appellants relied on a previous Tribunal decision in the case of Deluxe Color Lab. (P) Ltd., which held that photography services constitute a works contract involving both sale and service elements, and the sale portion should not be subjected to tax.

The Tribunal carefully analyzed the submissions from both sides and referred to the decision in the Deluxe Color Lab. (P) Ltd. case. The Tribunal highlighted that a works contract involves both sale and service elements, and these aspects can be separated. It emphasized that the value of materials used in providing photography services should not be included in the taxable value of the service. The Tribunal stressed that the law laid down by the Supreme Court in a previous case was binding on all authorities, and the matter needed to be reconsidered by the lower authorities in light of this decision.

Regarding the issue of limitation, the appellants argued that the demands were made beyond the normal period but without fraudulent intent or suppression of information. They believed that the service tax liability related only to the service part of the contract, which they had already discharged. The Revenue contended that the non-inclusion of material value was deliberate to evade tax. The Tribunal sided with the appellants, stating that as the non-inclusion of material value was lawful, the extended limitation period could not be invoked. Therefore, the question of limitation needed to be reevaluated along with the valuation issue.

Ultimately, the Tribunal allowed the appeals on merit and remanded the case to the original authority for determining the valuation in accordance with the decision discussed. The appeals were allowed by way of remand, providing clarity on the valuation of photography services and the limitation period for tax demands.