2009 (12) TMI 191 - AT - Service Tax

Courier services- The activity involved is international courier service. The appellants had not paid the tax due on the value received as they believed that the activity involved was export of service in terms of rule 3(2) of Export of Services Rules, 2005. The original authority held that the impugned activity did not involve export of service. The Commissioner (Appeals) does not give any finding as to whether the impugned activity was export of service or not. In the light of the decision of U.B. Xpress (South) (P.) Ltd. v. CCE & ST 2008 15 STT 242 (Ahd. - CESTAT) held that- the assessee was not liable to pay service tax on international courier service, part of which, in each transaction was performed in India and the rest outside India. Thus, the order of the Commissioner (Appeals) was liable to be vacated.

Summary

Issues:
1. Whether the activity involved in the case was export of service or not.
2. Valuation of the service provided by the appellants.
3. Applicability of service tax on international courier service.

Issue 1: Activity Involvement - Export of Service:
The case involved a dispute regarding whether the activity conducted, international courier service, qualified as export of service under the Finance Act, 1994. The appellants believed the service was export of service under rule 3(2) of Export of Services Rules, 2005. The original authority contended that the activity did not constitute export of service, leading to the demand for service tax. The Commissioner (Appeals) did not provide a clear finding on this aspect but focused on the valuation of the service.

Issue 2: Valuation of Service:
The Commissioner (Appeals) addressed a new issue related to the valuation of the service provided by the appellants, rather than determining whether the activity qualified as export of service. This deviation from the primary issue led to a lack of clarity in the decision-making process regarding the tax liability of the appellants.

Issue 3: Applicability of Service Tax - International Courier Service:
Upon careful consideration, the Tribunal found that the issue in question had already been settled in favor of the assessee in a previous decision involving U.B. Xpress (South) (P.) Ltd. The Tribunal clarified that international courier service, which involved part of the service being performed in India and part abroad, was not subject to service tax as per rule 4 of Export of Services Rules, 2005. Relying on the precedent set in the earlier case, the Tribunal vacated the impugned order and allowed the appeal filed by the appellants, M/s. First Flight Couriers Ltd.

In conclusion, the judgment revolved around the interpretation of export of service rules, the valuation of services, and the applicability of service tax on international courier services. The Tribunal's decision emphasized the exemption from service tax for international courier services involving operations both within and outside India, based on established legal precedents and statutory provisions.