2017 (6) TMI 379 - AT - Service Tax

Refund claim - the service provided by the respondent is covered under Commercial Training & Coaching Services or Business Auxiliary Service? - benefit of N/N. 14/2004-S.T. dated 10.09.2004 - classification of services - Held that - the services in the field of education training provided by programme implementing agency on behalf of central/state government would be classified under Business Auxiliary Service - the respondent are not providing any service to the trainee but they are providing service to central/state government, it is apparent the service provided by them is correctly classified under Business Auxiliary Service, as service provided on behalf of their client. Benefit of N/N. 14/2004-S.T. - Held that - It is seen that the activities conducted by the respondent are in nature of training for a particular purpose like repairing of air conditioner, agri-tourism, aquarium making etc. In these circumstances, it cannot be denied that these activities are related to education. Thus the benefit of notification 14/04-S.T. cannot be denied to the respondent. Appeal dismissed - decided against Revenue.

Summary

Issues:
1. Classification of service provided by the respondent - Commercial Training & Coaching Services or Business Auxiliary Service.
2. Entitlement to benefit of notification 14/2004-S.T. dated 10.09.2004.
3. Whether the refund claim is barred by limitation.

Analysis:
1. The revenue appealed against the sanction of a refund claim by the Commissioner (Appeals), arguing that the service classification of the assessee was decided without sufficient evidence. The respondent sought to change the service classification from Commercial Training & Coaching Services to Business Auxiliary Service. The revenue contended that the refund claim filed after eight years was time-barred. The revenue highlighted a specific clarification in the respondent's case that expressed opposing views on the service classification.

2. The revenue argued that exemption under notification 14/2004-S.T. dated 10.09.2004 applies only to activities related to agriculture, printing, textile processing, or education. They asserted that the activities conducted by the respondent, such as repairing air conditioners and agri-tourism, were skill development for livelihood and not education. The revenue relied on various dictionary definitions to support their argument that the activities did not qualify as education.

3. The respondent claimed they were a programme implementing agency working on behalf of the government to encourage entrepreneurship. They argued that they provided training/coaching to trainees on behalf of the central/state government, falling under Business Auxiliary Service. They cited clarifications supporting their position and emphasized that they were not providing services directly to trainees but on behalf of the government.

4. The Tribunal identified three key issues to decide: the service classification, entitlement to the notification benefit, and the limitation on the refund claim. After reviewing the arguments and evidence, the Tribunal found that the service provided by the respondent was correctly classified under Business Auxiliary Service as they were acting on behalf of the government. The Tribunal also determined that the activities conducted by the respondent qualified as education, entitling them to the benefit of the notification. The limitation on the refund claim was not challenged and was not further discussed in the judgment.

5. Ultimately, the Tribunal dismissed the revenue's appeal, finding no merit in their arguments based on the evidence and legal interpretations presented during the proceedings. The judgment was pronounced in court on 5.5.17.