2018 (7) TMI 1392 - HC - Service Tax

Valuation - Mandap keeper service - Whether the Tribunal is correct in holding that no service tax is leviable/payable on the charges collected in the name of booking of the Rooms which were integrally used in connection with the functions organized by the organizers in the adjacent gardens/ and the payment for the entire premises was made by the organizers under a composite contract whereas the Service Tax is leviable on the gross amount charged from the customers under the category of Mandap Keeper Services in terms of the provisions of Section 67 of the Act, 1994? Held that - Counsel for the respondent has taken us to the definition of Mandap Keeper Services, which clearly does not include the service and the Tribunal has rightly distinguished the Mandap service and the rooms rents received - The view taken by the Tribunal is logical and requires to be accepted. Appeal dismissed - decided against Revenue.

Issues Involved:
1. Whether service tax is leviable/payable on charges collected for booking rooms integrally used in connection with functions organized in adjacent gardens under a composite contract.
2. Whether the charges of room rent from clients under a composite contract for holding functions are includible in the gross amount in terms of Section 67 of the Finance Act, 1994 and leviable to Service Tax under Sections 66 and 68.
3. Whether the same is recoverable under the proviso to Section 73(1) and whether the assessee is liable for penal action under Sections 76 and 78 of the Finance Act, 1994.

Issue-wise Detailed Analysis:

1. Service Tax on Charges Collected for Booking Rooms:
The Tribunal was challenged on whether service tax is applicable on charges collected for booking rooms integrally used in connection with functions organized in adjacent gardens under a composite contract. The Tribunal held that no service tax is leviable on such charges, as the rooms were not used as part of the Mandap Keeper Services, which primarily involve letting out spaces for organizing functions.

2. Inclusion of Room Rent Charges in Gross Amount:
The first authority, after considering the legal provisions and Board clarifications, observed that the charges for rooms booked under a composite contract for functions like marriages, conferences, and meetings are includible in the gross amount as per Section 67 of the Finance Act, 1994. The argument was that rooms booked for participants of such functions form an integral part of the mandap services, thus attracting service tax.

3. Recovery and Penal Action:
The adjudicating authority held that the assessee had contravened provisions by not declaring the correct value in their returns and not paying the service tax. Consequently, the extended period for recovery under Section 73(1) was invoked, and penalties under Sections 76 and 78 were imposed. The authority relied on the Supreme Court’s judgment in Rajasthan Spinning & Weaving Mills, which stated that the conditions extending the normal period for recovery also attract penalties.

Clarification by the Central Board of Excise and Customs:
The Board clarified that hotels and restaurants letting out their banquet halls, rooms, and gardens for functions fall under the definition of "Mandap Keeper," making such services liable to service tax. This was supported by Circular No. 96/7/2007-ST, which stated that services provided by hotels and restaurants for organizing functions are taxable under Mandap Keeper Services.

Tribunal’s Distinction:
The Tribunal distinguished between services provided by a hotel and those by a mandap keeper. It concluded that renting hotel rooms does not fall under the Mandap Keeper Services as the primary purpose of hotel rooms is for boarding and temporary residence, not for organizing functions.

Final Judgment:
The court upheld the Tribunal’s view that renting hotel rooms is not covered under Mandap Keeper Services. The definition of Mandap Keeper does not include temporary occupation of hotel rooms for boarding purposes. Therefore, the charges for room rent are not includible in the taxable value for Mandap Keeper Services. The issue was resolved in favor of the assessee, and the appeal was dismissed.

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