2007 (12) TMI 47 - AT - Service Tax

Courier service rendered across the borders of India - appellants were entitled to exemption from payment of service tax in terms of Rule 4 of Export of Services Rules 2005 - there was nothing in the Rules (as they stood during the material period) to indicate that the consideration for export of services should be received in convertible foreign exchange for claiming the exemption u/r 4 - appellants were not liable to pay service tax as there was no restriction during the relevant time

Summary

Issues:
1. Whether the appellants, a courier agency, are liable to pay service tax on the consideration for courier services rendered across Indian borders.
2. Interpretation of the Export of Services Rules, 2005 regarding the exemption from service tax for export of services.
3. Applicability of the amendment to the Export of Services Rules, 2005 with respect to the requirement of payment in convertible foreign exchange.

Analysis:
1. The appellants, identified as a courier agency under Section 65(33) of the Finance Act, 1994, collected a gross amount for courier services rendered across borders. The lower authorities imposed service tax on this amount, contending that the nature of courier service determines tax liability, not the delivery means. The issue was whether the service was exported, subject to tax. The Tribunal noted the Export of Services Rules, 2005, effective from 15-3-2005, and the subsequent amendment on 16-6-2005. The Tribunal emphasized that service tax exemption applied to services taxable under Section 65 of the Act, allowing export without payment of tax.

2. The Tribunal highlighted Rule 4 of the Export of Services Rules, 2005, stating that any taxable service under Section 65 could be exported without service tax payment. It was noted that before the amendment on 16-6-2005, there was no requirement for consideration to be in convertible foreign exchange for exemption. The Tribunal referenced a previous case to support the view that service tax was not applicable to international courier services partially performed in India before the amendment date.

3. The Tribunal concluded that the appellants were entitled to exemption from service tax for the international courier service, part of which was performed in India and part outside, based on the Export of Services Rules, 2005. The decision set aside the lower authorities' order, emphasizing that the amendment requiring payment in convertible foreign exchange did not have retrospective effect. The appeal was allowed, providing relief to the appellants based on the legal provisions and precedents cited.

This detailed analysis of the judgment from the Appellate Tribunal CESTAT, CHENNAI, clarifies the issues, legal interpretations, and the final decision regarding the liability of the courier agency for service tax on cross-border courier services and the exemption criteria under the Export of Services Rules, 2005.