2024 (12) TMI 282 - AT - Service Tax

Interpretation of the term One Time Upfront Amount (called as premium, salami, cost, price, development charges or by any other name) - Revenue is of the opinion that One Time Upfront Amount has to be paid in one go - HELD THAT - The term One Time Upfront Amount (called as premium, salami, cost, price, development charges or by any other name) relates to the payment made One Time Upfront Amount of premium, salami, cost, price, development charges, etc. One Time Upfront payment in this context means payment of one time expense like premium, salami, cost, price, development charges, etc made at the beginning of lease and it does not means payment in one go. The nature of the payment is premium, salami, cost, price, development charges, etc. All the heads are paid one time during the lease period. The nature of these payments is One Time payment as premium, salami, cost, price, development charges, etc. is paid only one time and not in recurring manner during the lease period. The amount of lease rent is paid in recurring manner and the respondents are discharging Service Tax on the same. In this background the claim of revenue that payment of premium, salami, cost, price, development charges, etc. in installments is not a One Time Payment is incorrect - Consequently, the appeal of revenue is without merit and the same is dismissed.

Issues Involved:

1. Interpretation of "One Time Upfront Amount" under Section 104 of the Finance Act, 1994.
2. Eligibility for service tax exemption under Notification No. 41/2016-ST.
3. Payment structure and its impact on exemption eligibility.

Issue-wise Detailed Analysis:

1. Interpretation of "One Time Upfront Amount":

The central issue in this case revolves around the interpretation of the term "One Time Upfront Amount" as introduced in Section 104 of the Finance Act, 1994 by the Finance Act, 2017. The revenue argued that the payment made by the respondent was not a "One Time Upfront Amount" because it was paid in installments with interest, rather than in a single lump sum. The revenue relied on judicial precedents to support their argument that the term should be interpreted strictly as a single, non-recurring payment.

The respondent, however, contended that the term "One Time Upfront Amount" should be understood as covering the entire lease period, irrespective of the payment frequency. They argued that the nature of the payment, being for premium, salami, cost, price, and development charges, qualifies it as a one-time payment made at the beginning of the lease, thus falling within the scope of the exemption provided by Section 104.

Upon reviewing the submissions, the tribunal concluded that the term "One Time Upfront Amount" refers to the nature of the payment, which is made for specific charges like premium and development costs at the commencement of the lease. The tribunal found the revenue's interpretation-that the payment must be made in a single transaction-fallacious, as the statute does not mandate such a restrictive interpretation.

2. Eligibility for Service Tax Exemption under Notification No. 41/2016-ST:

The tribunal examined the applicability of Notification No. 41/2016-ST, which exempts service tax on the one-time upfront amount for long-term leases of industrial plots. The revenue's position was that the periodic payments made by the respondent disqualified them from claiming this exemption. However, the respondent clarified that their claim was based on Section 104 and not directly under this notification.

The tribunal noted that the exemption under the notification aligns with the provisions of Section 104, which aims to exempt service tax on certain upfront payments for long-term leases. The tribunal emphasized that the exemption applies to the nature of the payment, not the mode or frequency of payment.

3. Payment Structure and Its Impact on Exemption Eligibility:

The respondent had opted for a payment structure where 30% of the allotment price was paid upfront, and the remaining 70% was paid in 12 quarterly installments with interest. The revenue argued that this installment-based payment structure did not qualify as a "One Time Upfront Amount." However, the tribunal found that the payment structure, including interest, was part of the initial allotment price and was consistent with the terms of the lease agreement.

The tribunal highlighted that the payment of premium, salami, cost, price, and development charges was made as a one-time expense at the beginning of the lease, and the fact that it was paid in installments did not alter its fundamental nature as a "One Time Upfront Amount." The tribunal concluded that the respondent's payment structure did not affect their eligibility for the service tax exemption under Section 104.

Conclusion:

The tribunal dismissed the revenue's appeal, affirming the Commissioner (Appeal)'s decision to allow the refund claim of the respondent. The tribunal held that the payments made by the respondent qualified as a "One Time Upfront Amount" under Section 104, and thus, the exemption from service tax was applicable. The tribunal's interpretation focused on the nature and purpose of the payments rather than the payment method, ensuring that the legislative intent of providing relief for long-term industrial leases was upheld.

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