2017 (12) TMI 445 - AT - Service Tax

Photographic Service or not? - Revenue held a view that supplying these equipments and receiving consideration for the same will be covered in the broad ambit of Photography Service - scope of service - Held that - The Revenue emphasized on the terms in relation to and in any manner . We find that such an expansion of the scope of the tax entry to include the activity of renting of a camera is not sustainable. The scope cannot be extended to such any type of activities, which are connected or conjunction with the Photographic Services - Admittedly, the appellants are not professional photographers or in any business involved in studio activities or in any manner shooting movies or photography. Their business is to supply equipments for other professionals to do their photographic work. The nature of the activities undertaken by the appellants cannot be brought under Photographic Services. It is to be noted that there are various equipments which may have general functions not restricted to photography. Equipments like A.C. Generators, Cranes etc., are general equipments. They may be used along with Cameras; does not make them photographic equipments. The appellants did supply a variety of equipments apart from Cameras, which has nothing to do directly, if used independently, with photography - the activity of supply of equipments which may be used in Photography Services by itself cannot be covered under Photography Services. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Liability to service tax for Photographic Service under section 65(105)(zb) of the Finance Act, 1994.
2. Interpretation of the scope of activities in relation to photography.
3. Classification of services under "Supply of Tangible Goods" category.
4. Justification for tax liabilities and penalties imposed.

Analysis:

Issue 1: Liability to service tax for Photographic Service
The dispute revolved around the liability of the appellants to pay service tax under the category of Photographic Service for the period 14.05.2003 to 11.05.2007. The Revenue contended that supplying photographic equipments and receiving consideration falls under the broad ambit of Photography Service. The original authority confirmed tax liabilities and penalties under various sections of the Finance Act, 1994.

Issue 2: Interpretation of the scope of activities in relation to photography
The appellants argued that they are not engaged in providing Photographic Services but are renting out equipments required for movie making or photography. They maintained that their business activity did not change, and the department cannot alter the categorization of services without a material change in the nature of their services. The Tribunal analyzed the legal provisions related to Photography and concluded that the appellants' activities did not fall under Photographic Services during the impugned period.

Issue 3: Classification of services under "Supply of Tangible Goods" category
The appellants highlighted that the department, for a later period, proceeded against them under the "Supply of Tangible Goods of Service" category. The Tribunal observed that the department's action indicated that the service tax entry introduced from 16.05.2008 might appropriately cover the scope of the appellants' activity. However, during the impugned period, the nature of the activities did not align with Photographic Services.

Issue 4: Justification for tax liabilities and penalties imposed
The Authorized Representative supported the lower authorities' findings, emphasizing that the statutory definition of Photographic Services covers activities related to photography in any manner. The Tribunal, after hearing both sides and perusing the records, concluded that the impugned order was not legal and proper. Consequently, the order was set aside, and the appeal was allowed.

This detailed analysis provides a comprehensive overview of the legal judgment, addressing each issue involved in the case while preserving the key legal terminologies and significant arguments presented during the proceedings.