2018 (4) TMI 539 - AT - Service Tax

Sale of liquor - demand raised on the ground that the Respondent did not produce the documentary evidence in support to show that the amount pertains to sale of liquor - service tax on rent - Held that - the required documentary evidences towards sale of liquor was presented by the Respondent and there is no reason to doubt the authenticity of said documents - the demand of service tax on rent has also been rightly set aside - appeal dismissed - decided against Revenue.

Summary

Issues involved:
1. Dispute over demand in respect of sale of liquor and rent.
2. Submission of documentary evidence to support the sale of liquor.
3. Service tax not paid on rent.

Analysis:
1. The appeal was filed by the revenue against the order-in-appeal passed by the Commissioner (Appeals), Nagpur, where the demand in respect of sale of liquor and rent was set aside. The adjudicating authority had confirmed the demand due to the lack of documentary evidence from the Respondent regarding the sale of liquor. The Commissioner (Appeals) reversed this decision after finding that the necessary documents were indeed produced, leading to the revenue filing an appeal against this decision.

2. The Assistant Commissioner for the revenue argued that the Commissioner (Appeals) did not consider that all documents proving the sale of liquor were not submitted by the Respondent. Additionally, it was highlighted that a small amount of service tax had not been paid on rent. The CA representing the revenue also emphasized that the documentary evidence was submitted as per the Commissioner (Appeals) order and that the demand for rent was not sustainable.

3. The Appellate Tribunal examined the findings of the Commissioner (Appeals) regarding the disputed items, particularly the inclusion of amounts received for the sale of liquor and soda in the assessable value of taxable services under 'Club & Association Services' for service tax payment. The Tribunal noted that the appellant had provided sample copies of liquor sale bills, VAT audit reports, and income-expenditure accounts to prove the sale of liquor. The Tribunal criticized the lower authority for not acknowledging these documents and highlighted that the rejection of audited accounts was unwarranted. Moreover, the Tribunal accepted the appellant's explanation regarding the outsourced canteen and rent payment, concluding that the demand for service tax on rent was not justified.

4. Based on the detailed analysis of the documentary evidence presented by the Respondent and the Commissioner (Appeals)'s findings, the Appellate Tribunal upheld the order-in-appeal and rejected the revenue's appeal. The Tribunal found no reason to doubt the authenticity of the submitted documents related to the sale of liquor and deemed the demand for service tax on rent as unwarranted. Consequently, the original decision to set aside the demand was affirmed by the Tribunal.