2009 (6) TMI 86 - AT - Service Tax

Charitable Trust - Commercial Training or Coaching Service - The appellant is a Public Charitable Trust and the service tax has been demanded on the fees collected by them towards tuition fees for English Speaking Course, Computer Course etc held that - . There is no dispute on the fact that the appellant is a charitable trust. There is no observation that the appellant has undertaken the activity for the commercial purpose or they have made profit out of it. There is also observation that the service - English Speaking Course and Computer Classes were given to the children of poorest section of the society. Demand set aside appeal allowed

Summary

Issues:
1. Service Tax demand on fees collected by a Public Charitable Trust for educational courses.
2. Applicability of service tax on charitable activities.
3. Interpretation of the nature of training conducted by charitable organizations for exemption from service tax.

Analysis:
1. The appeal was filed against the demand of Service Tax on fees collected by a Public Charitable Trust for English Speaking and Computer Courses. The appellant argued that the coaching classes were conducted for the poorest class of society, with nominal fees charged to ensure serious children could attend. The appellant contended that the actual cost of the course exceeded the fees collected, emphasizing the charitable nature of the activity. Additionally, the appellant claimed the demand was time-barred due to a bona fide belief that as a charitable trust, they were not liable to pay service tax.

2. The Tribunal noted that the appellant was indeed a charitable trust and that the coaching classes were aimed at the poorest section of society. The appellant's advocate referenced a previous Tribunal decision to support the contention that service tax was not applicable to their activity. The Tribunal highlighted the decision in the case of Ahmedabad Management Association, where it was established that certain training programs, when not commercial in nature and focused on professional development rather than job-specific skills, were exempt from service tax. The Tribunal found that the nature of the training conducted by the appellant aligned with the criteria for exemption as laid out in the Ahmedabad Management Association case.

3. Based on the above analysis, the Tribunal concluded that the appellant's activities fell within the realm of continuing education rather than commercial training or coaching. The Tribunal emphasized that the purpose of the training was not commercial, and any surplus income was utilized for public benefit. Drawing parallels with the Ahmedabad Management Association case, the Tribunal determined that the appellant's programs were akin to continuing education and not subject to service tax. Consequently, the impugned order demanding service tax was set aside, and the appeal was allowed with relief granted to the appellants.