2008 (11) TMI 115 - AT - Service Tax

Cash Management Services - period involved in this case is 01.07.2003 to 31.03.2005 - Cash Management Service would be taxable under the category of Banking and other financial services only w.e.f. June 2007 Revenue cannot say that the said service would be classifiable under the category of Business Auxiliary Service and subject it to levy. Such an action would defeat the function of the government which is excluded the said activity from the scope of Banking and other financial services

Summary

Issues:
Interpretation of service tax liability for Cash Management Services during a specific period.

Analysis:
The appeal was filed against an order passed by the Commissioner of Central Excise, Customs & Service Tax, Cochin, regarding the classification of services provided by the appellant. The Revenue alleged that the appellant was providing "Business Auxiliary Services," leading to a demand for payment along with penalties. However, the appellant contended that the services rendered fell under "Cash Management Services" and were excluded from the scope of Banking and other financial services during the relevant period.

The appellant argued that the services provided, such as maintenance of accounts, collection of cheques, pooling of funds, and transfer of funds, constituted Cash Management Services. They highlighted that Cash Management Services were specifically excluded from the definition of Banking and other financial services as per Section 65(12) of the Finance Act, 1994, during the period in question. The appellant emphasized that they had been paying service tax under Banking and financial services since June 2007 when Cash Management Services were brought under the tax net.

Upon careful consideration, the Tribunal found that Cash Management Services were taxable under Banking and other financial services only from June 2007 onwards. During the period under review (01.07.2003 to 31.03.2005), Cash Management Services were explicitly excluded from the scope of taxable services. Therefore, the Tribunal concluded that the government's intention was not to subject Cash Management Services to service tax during that period. Consequently, the Tribunal held that classifying the services as Business Auxiliary Services and imposing service tax would contradict the government's exclusion of Cash Management Services from the tax net. As a result, the Tribunal set aside the order confirming the demand for service tax and penalties, allowing the appeal with consequential relief.