2006 (5) TMI 24 - AT - Service Tax

Service Tax Commercial training or coaching service No proposal for service tax demand on providing Franchise service No merit in Revenue appeal

Summary

Issues:
1. Whether Service Tax is applicable on commercial coaching and training services provided by the respondent.
2. Whether the respondent's services are classifiable under franchise services for the purpose of Service Tax.

Analysis:
1. The appeal was filed by the Revenue against M/s. Career Point Infosystems Ltd., alleging the collection of Service Tax on commercial coaching and training services provided from 1-7-03. The Joint Commissioner adjudicated that the respondent was not providing coaching and training services but acting as franchisees. Consequently, Service Tax demand was confirmed on franchise services.

2. The Commissioner (Appeals) observed that the show-cause notice did not include charging Service Tax on franchiser services, leading to the dropping of the demand. The Revenue contended that the services provided by the respondent should be classified as franchise services, making the Board's circular inapplicable. However, the adjudicating authority's order was subject to revision by the Commissioner.

3. The respondent argued that since no notice for revision was issued by the Commissioner regarding the classification of services as franchise services, the demand rightly dropped by the Commissioner (Appeals). The Tribunal noted that the show-cause notice specifically mentioned charging Service Tax on commercial coaching and training services, not franchise services, justifying the dropping of the demand by the Commissioner (Appeals).

4. After considering both arguments, the Tribunal concluded that the show-cause notice did not propose demanding Service Tax on franchise services. As a result, the Commissioner (Appeals) correctly dropped the demand, finding no merit in the Revenue's appeal. Hence, the appeal was dismissed, affirming the decision of the Commissioner (Appeals).

This detailed analysis of the judgment highlights the key issues surrounding the applicability of Service Tax on specific services and the correct classification of services for taxation purposes, ultimately resulting in the dismissal of the Revenue's appeal.