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2021 (7) TMI 1183 - AT - Service TaxLevy of service tax - Banking and Other Financial Services - Interest earned from lending of Gold - Safe-vault services allegedly provided to foreign sellers - period from 01.04.2014 to 31.03.2015 - HELD THAT - The issue decided by Division Bench of the Tribunal in M/S. INDIAN OVERSEAS BANK VERSUS THE COMMISSIONER OF CENTRAL EXCISE ST 2020 (3) TMI 751 - CESTAT CHENNAI and the appeal has been decided in favour of the assess. The submissions, therefore, is that in view of the aforesaid decision, of the Tribunal, the order impugned in the present appeal should be set aside. Appeal allowed - decided in favor of appellant.
Issues:
1. Service tax demand on interest earned from lending of gold. 2. Service tax demand on safe-vault services allegedly provided to foreign sellers. Analysis: Issue 1: Service tax demand on interest earned from lending of gold The appellant, a Nationalized Bank, accepted gold deposits from customers and lent gold to jewellers with interest. The dispute revolved around whether the interest earned on gold loans is taxable under the Finance Act, 1994. The Department contended that interest earned from lending gold is taxable as it does not fall within the negative list of exempted services. However, the Tribunal held that the interest earned on metal loans provided by the appellant is not subject to service tax. The Tribunal reasoned that there is no provision in the law to treat interest earned on metal loans differently from interest earned on cash loans. Therefore, the demand for service tax on interest earned from lending gold was set aside. Issue 2: Service tax demand on safe-vault services provided to foreign sellers The appellant, authorized by the Reserve Bank of India, imported gold from foreign suppliers and facilitated safekeeping in its vaults before selling to customers with a profit margin. The Department alleged that the profit margin earned by the appellant constituted consideration for safe-vault services provided to foreign sellers. However, the Tribunal noted that there was no evidence of any consideration agreed upon between the appellant and the foreign sellers for safe-vault services. As a result, the Tribunal ruled that without any identified consideration, there was no basis for raising a demand for service tax on safe-vault services. The demand for service tax on safe-vault services was set aside based on the lack of evidence of consideration received by the appellant. In conclusion, the Tribunal set aside the order passed by the Commissioner (Appeals) upholding the service tax demands on interest earned from lending gold and safe-vault services provided to foreign sellers. The appeal was allowed in favor of the appellant, emphasizing that service tax was not applicable in both disputed scenarios.
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