2009 (12) TMI 313 - AT - Service Tax

Advertising Agency Service- The issue involved in this case is whether the appellant herein would fall under the category of advertising agency. Held that- evidence in the form of purchase bills, sales invoice and purchase orders placed. Evidence not produced before adjudicating authority. Issue requires reconsideration. Opinion on merits not expressed. Matter remanded to adjudicating authority to reconsider the issue.

Summary

Issues involved: Determination of whether the appellant falls under the category of an advertising agency; Reconsideration of the case based on the evidences produced before the Appellate Tribunal.

Analysis:
1. Issue 1 - Classification as an Advertising Agency:
The case revolved around the question of whether the appellant could be categorized as an advertising agency under Section 65(3) of the Finance Act, 1994. The Tribunal initially set aside the impugned order, but the High Court of Kerala overturned this decision. Subsequently, the matter reached the Hon'ble Supreme Court, which highlighted the importance of determining if the appellant fits the definition of an advertising agency. However, the Supreme Court noted the absence of crucial material documents before the Tribunal, leading to the setting aside of both the High Court and Tribunal orders. The appellant was granted a final opportunity to provide relevant records showcasing the nature of work undertaken, specifically regarding conceptualizing and creating advertisements. The case was remitted to the Tribunal for further examination on this aspect.

2. Issue 2 - Reconsideration Based on New Evidences:
Following the Supreme Court's direction, the matter was listed for disposal, with the Tribunal considering new evidences presented by the appellant. The learned counsel confirmed the submission of evidence in the form of purchase bills, sales invoices, and purchase orders, which were not previously before the adjudicating authority. The Tribunal, after evaluating the submissions and records, decided that the issue needed to be reevaluated by the adjudicating authority in light of the newly produced evidences. The appeal was allowed by way of remand to the adjudicating authority for a fresh consideration, emphasizing the adherence to principles of natural justice in reaching a conclusion.

In conclusion, the judgment highlighted the significance of presenting essential documents before the Tribunal, especially in cases involving the classification of entities under specific legal definitions. The decision underscored the need for a thorough examination of evidence and adherence to procedural fairness in legal proceedings, ultimately leading to a remand for a fresh consideration based on the newly submitted evidences.