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2023 (10) TMI 529 - AT - Service TaxLevy of Service Tax - Commercial Training and Coaching Service provided by non-profit and charitable institutions - contrary decisions regarding the issue - extended period of limitation - HELD THAT - The documents produced by the appellant on record that the appellant is registered under Society Registration Act, 1860 w.e.f. 26.08.1963 as well as under Section 12A(a) of the Income Tax Act, 1961. It is also a fact that the Appellant was operating as an institution recognised under Section 80 G of the Income Tax Act. 1961 during the relevant period. During the relevant period 2003-2004 to 2005-2006 there were contrary decisions regarding whether the service tax is leviable on the Commercial Training and Coaching Service provided by non-profit and charitable institutions - Thereafter, the Tribunal by majority decision in the case of SRI CHAITANYA EDUCATIONAL COMMITTEE VERSUS COMMISSIONER CUSTOMS, CENTRAL EXCISE, GUNTUR 2019 (11) TMI 17 - CESTAT HYDERABAD (LB) has held that the service tax is leviable in respect of coaching provided by the appellant through junior colleges under its management or under the management of others also. The majority view held that the extended period is not invokable and the demand is limited to the normal period of limitation. On merit the issue is against the appellant but in the present case, the entire demand is barred by limitation - Appeal disposed off.
Issues Involved:
1. Whether the appellant's activities fall under "Commercial Training or Coaching Services" and are exigible to service tax. 2. Whether the demand of service tax is sustainable given the appellant's non-profit status and registration under the Societies Registration Act and Section 12A(a) of the Income Tax Act. 3. Whether the extended period of limitation for the demand is applicable. 4. Whether the imposition of interest and penalties is justified. Summary: 1. Commercial Training or Coaching Services: The appellant, a non-profit society registered under the Societies Registration Act and Section 12A(a) of the Income Tax Act, was imparting education in management through an MBA program. The appellant argued that their activities were educational and not commercial training or coaching services. However, the Tribunal, referencing the Larger Bench decision in the case of Sri Chaitanya Educational Committee, held that the appellant's activities fell under "Commercial Training or Coaching Services" as defined in Section 65(26) of the Finance Act, 1994, and were thus liable for service tax. 2. Non-Profit Status and Registration: The appellant contended that being a non-profit organization engaged in charitable activities, their services should not be taxable. They relied on the definition of 'Commercial Training or Coaching' and argued that the usage of the word 'commercial' created confusion. The Tribunal acknowledged the appellant's non-profit status but concluded that the services provided still fell under the taxable category of commercial training or coaching. 3. Extended Period of Limitation: The Tribunal examined whether the extended period of limitation was applicable given the appellant's belief that their services were not taxable. The Tribunal found that during the relevant period (2003-2006), there were conflicting decisions on the taxability of services provided by non-profit institutions. The Tribunal noted that an explanation clarifying the inclusion of non-profit organizations under the taxable category was inserted in 2010. As such, the Tribunal determined that the appellant had a bona fide belief that their services were not taxable, and thus, the extended period of limitation could not be invoked. 4. Interest and Penalties: The Tribunal held that since the demand of service tax itself was barred by limitation, the demand for interest could not be sustained. Regarding penalties, the Tribunal noted that penalties could not be imposed in cases involving interpretation of law where the appellant had a bona fide belief that the service tax was not payable. The Tribunal referenced several decisions supporting the view that the extended period of limitation and penalties were not applicable in such cases. Conclusion: The Tribunal concluded that while the appellant's services were taxable under "Commercial Training or Coaching Services," the entire demand was barred by limitation due to the bona fide belief and conflicting decisions during the relevant period. Consequently, the demand was set aside, and the appeal was disposed of with consequential relief as per law.
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