2017 (8) TMI 709 - AT - Service Tax

Banking and Other Financial Services - activity of leasing ATM - Department was of the view that such leasing rental charges collected would fall under the category of Banking and Other Financial Services and that appellants are liable to pay service tax on such charges, for the period from 16.8.2002 to 31.10.2004 - Held that - The issue has been analysed by the coordinate Bench of the Tribunal in the case of India Switch Co. Pvt. Ltd. 2014 (12) TMI 597 - CESTAT CHENNAI , where the Tribunal has specifically stated that ATM related services have been introduced with effect from 1.5.2006 only and the activities relating to ATM do not fall within the bank and other financial services prior to 1.5.2006 - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Whether leasing of ATMs falls under Banking and Other Financial Services for the period from 16.8.2002 to 31.10.2004.

Analysis:
The appellants, engaged in marketing ATMs, were paying service tax on annual maintenance contract charges (AMC) but were also leasing ATMs to banks and collecting leasing rental charges. The Department alleged that leasing rental charges fell under Banking and Other Financial Services, demanding service tax for the period from 16.8.2002 to 31.10.2004. The original authority confirmed the demand, and the Commissioner (Appeals) upheld it, leading to this appeal.

On behalf of the appellant, it was argued that leasing ATMs did not fall under banking and financial services before 1.5.2006 when ATM-related services were specifically included. The appellant retained risks and rewards of ATM ownership, and the lease to banks did not constitute financial leasing. Reference was made to a relevant judgment to support this argument.

The Department contended that the activities fell under Equipment Leasing and Financial Services based on the lease agreement terms, where the appellant was the lessor and the bank the lessee, paying management fees and monthly rentals.

The Tribunal referred to a previous judgment stating that ATM-related services were introduced in 2006 and did not fall under banking and financial services before that date. The definition of ATM services was cited, emphasizing that service tax on ATM services was only applicable from 1.5.2006 onwards. The Tribunal held that the demand for service tax on ATM services under Banking and Other Financial Services was unsustainable, setting aside the impugned order and allowing the appeal with consequential relief.

In conclusion, the Tribunal ruled that leasing ATMs did not fall under Banking and Other Financial Services for the period in question, aligning with the introduction of specific ATM services in 2006 and the prospective application of service tax on such services from that date. The demand for service tax on ATM services under Banking and Other Financial Services was deemed unsustainable, leading to the appeal being allowed.