2018 (4) TMI 71 - AT - Service Tax

Liability of service tax - Retention of amount - refund administration fee when the tickets were cancelled by the passengers - Held that - no service of international travel is being provided on such cancelled tickets. The amount retained by the appellant is more in the form of penalty for cancellation though called administration fee - there are no reason to tax such amount without identifying the nature of service provided for such consideration - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Correctness of self-adjustment of Service Tax on cancelled tickets
2. Liability of appellant to pay Service Tax on retention of refund administration fee

Analysis:
Issue 1: Correctness of self-adjustment of Service Tax on cancelled tickets
The appellant, engaged in providing air travel services, challenged the order of the Commissioner of Service Tax, New Delhi, dated 31/10/2013. The first issue revolved around the self-adjustment of Service Tax already paid on cancelled tickets. The Tribunal, in Final Order No. 52158/2017 dated 01/03/2017, decided in favor of the appellant, dismissing the Revenue's appeal. This decision was based on the fact that no service of international travel was provided on cancelled tickets, and the amount retained by the appellant was akin to a penalty for cancellation rather than consideration for a taxable service.

Issue 2: Liability of appellant to pay Service Tax on retention of refund administration fee
Regarding the retention of ?300 per ticket as a "refund administration fee" by the appellant when tickets were cancelled by passengers, the Original Authority held that the appellant was liable to pay Service Tax. However, the appellant argued that this fee was not for providing any service but was merely an administration charge or penalty for cancellation. The Tribunal concurred with the appellant, noting that the fee was not towards any taxable service, and as the nature of the service provided for the fee was not identified, the tax liability could not be sustained against the appellant. Consequently, the impugned order concerning the refund administration fee was set aside, and the appeal was allowed with consequential relief as per legal provisions.