2006 (6) TMI 28 - AT - Service Tax

Service Tax Man Power Recruitment Agency Audit accounts reveal that respondent not made any profit out of their activity so as to include it within the meaning of commercial concern Not covered under Man Power Recruitment Agency Service Tax not leviable

Summary

Issues:
- Whether the respondents, a part of a Religious and Charitable Trust, are liable to pay Service Tax as a 'Commercial concern' for Manpower Recruitment services.

Analysis:
The Revenue appealed against a decision where the respondents, affiliated with a Religious and Charitable Trust, were held not liable for Service Tax on fees received for Manpower Recruitment. The Commissioner (Appeals) ruled in favor of the respondents, stating that as part of a Religious and Charitable organization, they are not a 'Commercial concern' and thus not subject to Service Tax. The Revenue contested this decision on the grounds that any entity providing services for money consideration should be considered a 'Commercial concern.' They argued that even if the respondents operated on a 'No Profit No Loss' basis, receiving money for services rendered makes them commercial. Additionally, they cited a Ministry of Finance clarification on taxing commercial services. The respondents, represented by a Chartered Accountant, emphasized their non-profit nature, training youth for employment irrespective of profit. They argued that without a statutory definition, 'Commercial concern' should be interpreted in its popular sense, citing legal precedents and dictionary definitions.

The Tribunal analyzed the case, noting the respondent's affiliation with a Religious and Charitable Trust, providing training to youth and aiding in employment, charging fees for services. The Tribunal rejected the Revenue's argument that any fee collection makes an entity commercial, emphasizing the lack of profit motive in the respondent's activities. Referring to dictionary definitions, they explained that a 'Commercial concern' engages in activities for profit, which was not the case for the respondents based on their audited accounts. The Tribunal concluded that the respondents did not fit the definition of a 'Commercial concern' under the Finance Act, 1994, and were not liable for Service Tax as a Manpower Recruitment Agency. Therefore, they upheld the Commissioner (Appeals) decision, dismissing the Revenue's appeal.

In conclusion, the Tribunal's detailed analysis focused on interpreting the term 'Commercial concern' in the absence of a statutory definition, emphasizing profit motive and considering the nature of the organization and its activities. The judgment clarified that mere fee collection does not categorize an entity as commercial, highlighting the importance of profit-seeking intent. The decision ultimately favored the respondents, affirming their non-commercial status and exempting them from Service Tax obligations for Manpower Recruitment services.