2025 (1) TMI 1039 - AT - Service Tax

Liability of Ex-Servicemen Resettlement Society to pay service tax - no consideration is retained from the bills raised on the clients - exemption from service tax payment in view of the Notification No.14/2004-ST dated 10.09.2004 till 30.06.2012 - HELD THAT - It is found from the documentary evidence that the Medical Colleges are required to run hospitals which are for the public welfare as well as provide facility of internship to the Medical College students. Therefore the view of the Revenue not ascribed that the appellant would be eligible for exemption only if the security service is fully or wholly covered by the college. All the above colleges are eligible for exemption and no service tax is required to be paid when the Security Services are rendered to these colleges. The appellant is periodically engaged in the welfare activities of the ex-servicemen and is providing job opportunities coordinating with RSB for such placements. For such activities they do not get any considerations. The amounts received on actual of salary PF etc. are directly credited to the accounts of such employees. Conclusion - Services provided to educational institutions including hospitals are exempt from service tax. Reimbursements are not subject to service tax. Non-commercial activities of a society aimed at resettlement are not taxable. The confirmed demand of Service Tax is not legally sustainable - Appeal allowed.

2016 (12) TMI 859 - AT

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the Ex-Servicemen Resettlement Society (hereinafter "the Society") is liable to pay service tax on the manpower supply and security services provided to government hospitals and educational institutions.
Whether the services provided by the Society are exempt from service tax under the relevant notifications.
Whether the Society's activities qualify as non-commercial and therefore exempt from service tax.
Whether the demands raised for service tax are barred by limitation due to the extended period of demand being invoked improperly.
Whether the amounts received by the Society are reimbursements and thus not subject to service tax.
Whether the Revenue's appeal against the decision to drop the demand for the period 2015-16 is justified.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Liability to Pay Service Tax

Relevant Legal Framework and Precedents: The legal framework involves the Finance Act, 1994, and the notifications exempting certain services from service tax. The case of Security Guards Board for Greater Bombay & Thane District Vs. Commissioner of Central Excise, Thane II was cited as a precedent.
Court's Interpretation and Reasoning: The court interpreted that the Society, being a non-profit organization, primarily engaged in resettlement activities for ex-servicemen, does not retain any consideration from the services provided.
Key Evidence and Findings: The Society's activities are controlled and audited by the Rajya Sainik Board, and the amounts received are directly credited to employees' accounts as wages, PF, and ESI.
Application of Law to Facts: The court applied the exemption notifications and the precedent to conclude that the Society is not liable to pay service tax.
Treatment of Competing Arguments: The Revenue argued for tax liability based on the lack of bifurcation of services between educational and hospital services. The court found this argument unconvincing given the nature of the services and the agreements in place.
Conclusions: The Society is not liable to pay service tax for the services provided.

Issue 2: Exemption from Service Tax

Relevant Legal Framework and Precedents: Notifications No. 14/2004-ST and No. 25/2012-ST provide exemptions for services to educational institutions.
Court's Interpretation and Reasoning: The court reasoned that the services provided to educational institutions, which include hospitals, are exempt from service tax.
Key Evidence and Findings: Documentary evidence showed that the services were provided to institutions that run both educational and hospital facilities.
Application of Law to Facts: The court found that the services fall under the exempt category as per the notifications.
Treatment of Competing Arguments: The Revenue's argument that the exemption does not apply to hospital services was rejected based on the integrated nature of the institutions served.
Conclusions: The services are exempt from service tax.

Issue 3: Non-Commercial Nature of Activities

Relevant Legal Framework and Precedents: The Society's Memorandum of Association and its non-profit objectives were considered.
Court's Interpretation and Reasoning: The court interpreted the Society's activities as non-commercial, aimed at resettlement of ex-servicemen.
Key Evidence and Findings: The Society does not retain any profits and operates under government oversight.
Application of Law to Facts: The court applied the facts to conclude that the Society's activities are non-commercial.
Treatment of Competing Arguments: The Revenue did not effectively counter the non-commercial nature of the Society's activities.
Conclusions: The Society's activities are non-commercial and not subject to service tax.

Issue 4: Limitation and Extended Period of Demand

Relevant Legal Framework and Precedents: The Finance Act, 1994, regarding the limitation period for service tax demands.
Court's Interpretation and Reasoning: The court found that the extended period was improperly invoked as there was no suppression of facts.
Key Evidence and Findings: The Society's accounts were audited by government-appointed auditors, negating any intent to evade tax.
Application of Law to Facts: The court applied the limitation provisions to set aside demands for the extended period.
Treatment of Competing Arguments: The Revenue's claim of suppression was not supported by evidence.
Conclusions: Demands for the extended period are time-barred.

Issue 5: Reimbursements Not Subject to Service Tax

Relevant Legal Framework and Precedents: The principle that reimbursements are not subject to service tax.
Court's Interpretation and Reasoning: The court interpreted the amounts received as reimbursements for wages and statutory contributions.
Key Evidence and Findings: Invoices and agreements showed that the Society did not retain any part of the payments.
Application of Law to Facts: The court applied the law to conclude that reimbursements are not taxable.
Treatment of Competing Arguments: The Revenue's argument for inclusion of reimbursements in taxable value was rejected.
Conclusions: Reimbursements are not subject to service tax.

Issue 6: Revenue's Appeal Against Dropped Demand

Relevant Legal Framework and Precedents: The adjudicating authority's findings and the principles of service tax exemption.
Court's Interpretation and Reasoning: The court upheld the adjudicating authority's decision to drop the demand for 2015-16.
Key Evidence and Findings: The adjudicating authority's detailed findings supported the decision to drop the demand.
Application of Law to Facts: The court found no legal basis to overturn the adjudicating authority's decision.
Treatment of Competing Arguments: The Revenue's appeal was dismissed based on the lack of substantive grounds.
Conclusions: The Revenue's appeal is dismissed.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning: "The recovery of wages and bonus, contribution to PF and ESI are not to be included in the value for the purpose of calculation of Service Tax and the demand is not justified."
Core Principles Established: Services provided to educational institutions, including hospitals, are exempt from service tax. Reimbursements are not subject to service tax. Non-commercial activities of a society aimed at resettlement are not taxable.
Final Determinations on Each Issue: The Society is not liable for service tax for the periods in question. The demands for the extended period are time-barred. The Revenue's appeal is dismissed, and the Society is eligible for a consequential refund.

The judgment provides a comprehensive analysis of the issues, applying relevant legal principles and precedents, and concludes with the dismissal of the Revenue's appeal and the allowance of the Society's appeals.

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