2017 (6) TMI 114 - AT - Service Tax

Business Auxiliary Service - service of providing the L/C facility to the importers - whether the service provided by appellant falls under the clause (iv) of Section 65 (19) of the FA, 1994, procurement of goods for services which are inputs for the client - Held that - if any service provider procured the goods or services for the client and the same is input for the client then the services falls under the proposed category - In the facts of the present case, it is undisputed that the appellant is not procuring any goods for their clients. The goods which was referred by the lower authorities is the imported goods, which was directly imported by the various importers. The service of the appellant is confined to only providing the facility of L/C through their bank to the various importers - demand unsustainable - appeal allowed - decided in favor of appellant.

Summary

Issues: Classification of service under Business Auxiliary Service (BAS) for providing L/C facility to importers.

Analysis:
1. The appellants had a pre-sanctioned credit limit with their bank for establishing letters of credit (L/C limit) for importers. The department contended that providing L/C facility falls under BAS under Section 65(19) of the Finance Act, 1994, as it involved procurement of goods which are inputs for clients. The lower authorities imposed service tax and penalties based on this classification.

2. The appellant argued that they only provided limited L/C services to importers who imported goods independently, without involvement in placing orders or importing goods on behalf of clients. The appellant's service did not meet the criteria for classification under BAS as per the department's proposal. Reference was made to a CBEC Circular explaining the scope of service for procuring inputs for clients, which would be taxable under this category. It was emphasized that even if goods were procured, they were not inputs for the clients who were traders.

3. The Revenue, represented by the Assistant Commissioner, reiterated the findings of the impugned order, supporting the classification of the appellant's service under BAS.

4. Upon careful consideration, the Tribunal noted that the department had classified the service under clause (iv) of Section 65(19) based on the assumption that the appellant procured goods imported for clients. However, it was established that the appellant did not procure goods for clients; instead, they provided L/C facility through their bank to importers. The appellant was not involved in the procurement of goods, which was solely done by the importers. Therefore, the Tribunal concluded that the demand for service tax was unsustainable and set it aside, allowing the appeal.

This judgment clarifies the scope of classification under BAS for services provided by the appellant, emphasizing the distinction between providing L/C facility and procuring goods for clients. The decision highlights the importance of considering the actual nature of services rendered in determining tax liability under specific categories.