2016 (12) TMI 932 - AT - Service Tax

Mandap keeper service - appellant provided temporary occupation of their etc. and catering services to their members for a consideration on the occasion of official, social or business functions exclusively hosted by their members - Held that - The primary condition for the services to be termed as Mandap Keeper services as per the definition of Mandap Keeper in section 56(90) of the Act is the existence of a client which is absent in the instant case. Mutuality of interest exists between the appellant and their members and no commercial transaction takes place while temporarily providing property to their members or their guests, as the property belongs to the members collectively who formed the club to serve them mutually which acts as their agent. The members pay for use of the property and the receipt and expenditure of the club is incurred by the members alone and not by any third person - the appellant were not rendering taxable services of Mandap Keeper in terms of the section 65 of the Act at the material time and therefore, cannot be charged to service tax - appeal dismissed - decided against Revenue.

Issues:
1. Whether services provided by the appellant, including letting out of halls, lawns, and catering services exclusively to their members, are covered under specific sections of the Act and liable for service tax?
2. Whether the members of the appellant can be considered as clients under the category of "Mandap Keeper" for the purpose of service tax?
3. Whether the judgments of the Hon'ble High Courts and CESTAT cited in the case are applicable and support the decision of the Appellate Authority?
4. Whether the Revenue's appeal against the order of the Appellate Authority should be upheld?

Analysis:

1. The dispute in the present appeal revolves around whether the services provided by the appellant, such as letting out of halls, lawns, and catering services exclusively to their members, fall under the category of "Mandap Keeper" and are thus liable to pay service tax as per the relevant sections of the Act. The Appellate Authority examined the facts and submissions made by the appellant and concluded that the primary condition for these services to be considered as "Mandap Keeper" services, as defined under the Act, is the existence of a client. However, in this case, the members of the appellant cannot be termed as clients, as there exists mutuality of interest between the appellant and their members. The Appellate Authority found that the services provided by the appellant to their members do not constitute commercial transactions typical of a mandap keeper with its customers. Therefore, the Appellate Authority set aside the demand for service tax and interest, ruling in favor of the appellant.

2. The crucial issue raised was whether the members of the appellant could be categorized as clients under the definition of "Mandap Keeper" for the purpose of service tax. The Appellate Authority emphasized that the legal status of the members is the same as the club itself, and the services provided to the members should be viewed as activities of a self-serving institution. The Appellate Authority highlighted the absence of a commercial transaction between the appellant and their members, as the property belongs collectively to the members who formed the club. The members pay for the use of the property, and all financial transactions are internal to the club without involvement from third parties. This interpretation led to the conclusion that the appellant's members cannot be equated with the clients of a typical mandap keeper, thereby exempting the appellant from service tax liability.

3. The Appellate Authority extensively referred to and relied on judgments from the Hon'ble High Courts and CESTAT to support its decision. These judgments, including cases like Saturday Club Limited Vs. Asstt. Commr. STC Calcutta and India International Centre Vs. CST Delhi, provided precedents and legal reasoning for the conclusion reached by the Appellate Authority. Additionally, a recent judgment from the Hon'ble Gujarat High Court emphasized the importance of uniformity and consistency in the interpretation of taxing statutes, further reinforcing the applicability of the cited judgments in the present case. The Appellate Authority's decision was consistent with the interpretations and principles established in these judgments, leading to the rejection of the Revenue's appeal.

4. The Revenue's appeal against the order of the Appellate Authority was based on the contention that the decisions cited by the Appellate Authority should not be applicable. However, the Revenue failed to provide any justifiable reasons to challenge the applicability of the cited judgments. The Appellate Tribunal, after considering the arguments presented by the Revenue, upheld the decision of the Appellate Authority, noting that the order was passed based on the legal declarations of various High Courts. Consequently, the Revenue's appeal was rejected, affirming the relief granted to the appellant by the Appellate Authority.

In conclusion, the judgment by the Appellate Tribunal CESTAT New Delhi ruled in favor of the appellant, determining that the services provided to their members did not fall under the category of "Mandap Keeper" for the purpose of service tax, as there was no commercial transaction involved and the members could not be considered as clients. The decision was supported by precedents from various High Courts and CESTAT, emphasizing the importance of uniform interpretation of taxing statutes.

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