2007 (10) TMI 208 - AT - Service Tax

Govt. dept. letting out auditorium - Appellant contended that theirs was a non-commercial auditorium and was let-out for nominal charges for cultural activities only as they are a Government Department they cannot be brought under the category of Mandap Keepers - Despite several opportunities given to the appellants to establish their case, they have not come forward to discharge their onus on them held that appellant is covered under Mandap Keepers service so appeal is disallowed

Summary

Issues:
1. Appeal against confirmation of Service Tax under the category of Mandap Keepers.
2. Appellants' argument of being a Government Department and not falling under Mandap Keepers category.
3. Non-appearance of appellants during hearings despite multiple adjournments.
4. Reference to a previous ruling upholding Service Tax levy on similar activities.
5. Interpretation of the term 'social function' in the context of Mandap Keepers definition.
6. Examination of purposes for which the auditoriums were rented out.
7. Fine distinction between 'cultural event' and 'social function'.
8. Justification for including cultural events under social functions for Service Tax levy.
9. Exclusion of Kannada film shooting and political meetings from Service Tax levy.
10. Consideration of bona fide impression of appellants in restricting the demand period.
11. Dismissal of appeal based on findings and application of previous judgment.

Analysis:
1. The appeal challenged the confirmation of Service Tax under the Mandap Keepers category, stemming from the renting out of a non-commercial auditorium for cultural activities. The Commissioner noted no exemption applied, leading to the Service Tax levy.
2. Despite claiming to be a Government Department, the appellants argued against being categorized as Mandap Keepers due to their non-commercial auditorium status. However, non-appearance during hearings and failure to establish their case weakened their argument.
3. The appellants' repeated non-appearance and delays in responding to hearing notices were noted, impacting the proceedings and resulting in dismissal and subsequent restoration of the matter.
4. The judgment referenced a prior ruling supporting the Service Tax levy on activities similar to those of the appellants, strengthening the case for upholding the tax in this instance.
5. The interpretation of 'social function' within the Mandap Keepers definition was crucial, with a focus on whether cultural events fell under this category for Service Tax purposes.
6. Detailed examination of the purposes for which the auditoriums were rented out, including social drama, cultural programs, and film shooting, played a significant role in determining the applicability of Service Tax.
7. The distinction between 'cultural event' and 'social function' was debated, emphasizing the inclusivity of cultural events under the broader term of social functions for tax considerations.
8. The judgment justified including cultural events under social functions for Service Tax levy, highlighting the societal involvement and pecuniary aspects of such events.
9. Exclusion of activities like Kannada film shooting and political meetings from the Service Tax levy under the Mandap Keepers category was established.
10. The appellants' bona fide impression and lack of plea regarding specific activities exempt from Mandap Keepers' definition influenced the restriction of the demand period and the setting aside of penalties.
11. The dismissal of the appeal was based on findings aligning with a previous judgment, indicating no merit in the case and upholding the Service Tax levy on the appellants.