2024 (6) TMI 846 - AT - Service Tax

Levy of service tax - Outdoor Catering Service - interpretation of the term 'substantial and satisfying meal' - service tax exemption under N/N. 20/2004-ST and 01/2006-ST - HELD THAT - The appellant had voluntarily registered himself under Outdoor Catering Service , under FA 1994 and was paying duty accordingly. They have after the issue of the Order in Original pertaining to their eligibility for duty exemption, raised fresh legal issues challenging the very levy of service tax on the activity rendered by them at the appellate stage and which was not taken up before the Original Authority. Due to the initial limited stand taken by the appellant, a complete or effectual adjudication of the proceedings by examining the evidence and arguments of both the sides, did not take place on merits before the Original Authority. Matter remanded back to the Original Authority for de novo adjudication - appeal allowed by way of remand.

Summary

Issues involved:
The issues involved in this case are the eligibility of the appellant for service tax exemption under Notification Nos. 20/2004-ST and 01/2006-ST, the interpretation of the term 'substantial and satisfying meal', and the challenge to the applicability of the levy of service tax on the activity.

Eligibility for Service Tax Exemption:
The appellant, engaged in providing corporate catering services, claimed 50% abatement of gross amount charged from clients under Notification Nos. 20/2004-ST and 01/2006-ST. However, it was observed that the appellant supplied only snacks and fast food items, not 'substantial and satisfying meals' as required by the notifications, raising doubts on their eligibility for the service tax exemption.

Challenge to Applicability of Levy of Service Tax:
The appellant argued that their activities involved a composite transaction with the sale of food items being predominant, making them liable for VAT, not service tax. They contended that the demand on the entire value for such composite supply was not in line with the relevant sections of the Finance Act, 1994.

Interpretation of 'Substantial and Satisfying Meal':
The appellant emphasized that the term 'meal' in Notification No. 20/2004-ST should not be narrowly interpreted. They argued that the food items supplied by them constituted a 'substantial and satisfying meal', as per the notification, and that the show cause notices did not provide sufficient reasons for holding otherwise.

Decision:
After considering the arguments presented by both parties, the Tribunal found that the appellant had raised fresh legal issues challenging the levy of service tax at the appellate stage, which were not addressed before the Original Authority. Due to this limited stand taken by the appellant earlier, a complete adjudication did not occur. Therefore, the matter was remanded back to the Original Authority for de novo adjudication, ensuring principles of natural justice were followed and a speaking order was issued within ninety days.

Conclusion:
The Tribunal's decision to remand the matter back to the Original Authority allows for a comprehensive examination of the legal issues raised by the appellant regarding their eligibility for service tax exemption and the applicability of the levy of service tax on their activities. This ensures a fair and thorough adjudication process with all issues left open for consideration.