No Service Tax on sale of coaching material

[CA Bimal Jain]

The CESTAT Kolkata in the matter of KANHAIYA SINGH VISION CLASSES PRIVATE LIMITED VERSUS COMMISSIONER OF CGST & CX, PATNA-I COMMISSIONERATE - 2023 (5) TMI 769 - CESTAT KOLKATA has held that the amount collected by selling study material is not a taxable service under the Finance Act, 1994, hence, no service tax leviable on sale of coaching material.

Facts:

M/s. Kanhaiya Singh Vision Classes Pvt. Ltd. (“the Appellant”) is engaged in providing coaching services to the aspiring students for qualifying the competitive entrance examinations into the engineering/medical institutes and also sells study material.

The Appellant was issued with a Show Cause Notice dated September 24, 2018 (“the SCN”) alleging short payment of service tax on coaching services by artificially bifurcating the consideration received towards coaching services in other categories such as Income from sale of bag, sale of Identity card, sale of prospectus and sale of books.

The Appellant had replied to the SCN by stating that the value of sale of books cannot be included in the value of coaching services as the same is sale of goods and cannot be taxed as per the Notification No. 12/2003-ST dated June 20, 2003.

The Adjudicating authority vide an Order dated March 17, 2021 confirmed the demand of Service tax with equivalent penalty.

Issue:

Whether income from sale of books must be added in the consideration for coaching services?

Held:

The CESTAT, Kolkata in KANHAIYA SINGH VISION CLASSES PRIVATE LIMITED VERSUS COMMISSIONER OF CGST & CX, PATNA-I COMMISSIONERATE - 2023 (5) TMI 769 - CESTAT KOLKATA held as under are:

• The Tribunal in various decisions held that the value of books cannot be included in the consideration for coaching services.
• Relied upon the judgement of CHATE COACHING CLASSES PVT LTD VERSUS COMMISSIONER OF CENTRAL EXCISE, AURANGABAD - 2012 (6) TMI 721 - CESTAT, MUMBAI “the amount collected by the Appellant selling of study material is not taxable service under the Finance Act, 1994”.
• The value of book sales is separately identifiable from the Appellant audited financial statements, and there are documents to show that such sales were made not only to students but also to third parties.
• Hence, the appeal is allowed and held that no service tax leviable on sale of coaching material.

(Author can be reached at [email protected])