2006 (7) TMI 50 - AT - Service Tax

Service Tax Mandap keeper Appellants renting out hall for marriage and other social functions were liable to pay service tax as mandap keeper Mandap keeper received gross amount to be treated as cum-tax amount and tax payable to be deducted from it for determining taxable value and duty payable

Summary

Issues:
Confirmation of service tax demand for providing services as Mandap Keeper; Exemption claim based on running a hotel; Treatment of gross amount as cum-tax amount.

Analysis:
The appeal was filed against an Order-in-Appeal confirming a service tax demand on the grounds that the appellants were providing services as Mandap Keeper. The appellants argued that they were exempt from service tax as they were running a hotel and not providing halls for social functions but for rent along with rooms. They contended that the demand was based on the gross amount received and should be treated as cum-tax amount. On the other hand, the revenue contended that the appellants were renting out halls specifically for marriage and social functions, supported by evidence of separate booking records and terms and conditions for booking. The Tribunal found that the demand was confirmed on the basis of providing services as Mandap Keeper, defined as allowing temporary occupation of a Mandap for official, social, or business functions for consideration. The Tribunal noted the specific finding by the adjudicating authority regarding separate booking records for social functions, which the appellants did not contest with evidence. Consequently, the Tribunal upheld the demand for service tax, considering the appellants were indeed providing services as Mandap Keeper by renting out halls for marriage ceremonies. The Tribunal also affirmed the treatment of the gross amount as cum-tax amount, upholding the impugned order and disposing of the appeal accordingly.