2009 (3) TMI 32 - HC - Service Tax

Petitioner challenging notices seeking details and information on the ground that he is only a facilitator for Hajj and Umrah pilgrims and he is not a tour operator he further contended that notices in respect of tours which are abroad is without jurisdiction while disposing the petition, HC asked the petitioner to produce documents and information and the revenue will consider the documents, circulars and any subsequent instructions and take a decision in the matter in accordance with law

Summary

Issues:
1. Challenge to notices Exts.P2, P4, and P6 regarding service tax liability for facilitating Hajj pilgrims.
2. Jurisdiction of issuing notices for services rendered abroad.
3. Interpretation of statutory provisions regarding taxable services by a tour operator.
4. Consideration of documents and subsequent instructions in decision-making process.

Analysis:

1. The petitioner challenged notices Exts.P2, P4, and P6, claiming not to be a tour operator but a facilitator for Hajj pilgrims. The Superintendent sought details and audited balance sheets suspecting non-payment of service tax for outbound tours. The statutory provision under Section 65 (105) (n) defines taxable service by a tour operator. The petitioner argued being a facilitator for Hajj and Umrah pilgrims, not a tour operator, providing services for obligatory Hajj and Umrah in Mecca, Medina, Mina, Arafa, and Muzdalifa. Ext.P3 brief note on operations was submitted. The court considered the petitioner's position and the nature of services provided.

2. The petitioner's counsel contended that issuing notices for tours abroad lacked jurisdiction, citing Exts.P7 and P8 to support non-taxability of services rendered abroad. On the other hand, the department's senior counsel argued that the notices were for information gathering, with the officer to consider all documents and take a decision in accordance with the law. The petitioner was given the opportunity to produce further documents within a month for consideration, including Ext.P3 brief note, Ext.P7, Ext.P8 circulars, and any subsequent instructions. The officer would decide to drop proceedings if warranted or issue a show cause notice if the petitioner was found liable.

3. The court disposed of the writ petition based on the submissions and arguments presented by both parties. The decision highlighted the importance of the officer's consideration of all relevant documents and instructions before making a determination on the petitioner's liability for service tax regarding facilitation of Hajj pilgrims. The judgment emphasized the need for a thorough examination of the facts and legal provisions to ensure a fair and just decision in accordance with the law.

This detailed analysis of the judgment provides insights into the legal issues, arguments, and decision-making process involved in the case concerning service tax liability for facilitating Hajj pilgrims and the interpretation of statutory provisions related to taxable services by tour operators.