2007 (3) TMI 77 - AT - Service Tax

Club or Association service - Alleged that appellant is providing the service of Mandap Keeper and liable to pay service tax and appellant contended that the service is not providing to any outsider, so not liable for service tax - Held that appellant is not liable for service tax

Summary

Issues:
- Demand of service tax on charges for letting out club's rooms/halls and premises
- Whether the appellant club is liable to pay service tax

Analysis:
The appeal was against the demand of service tax on charges for letting out the club's rooms/halls and premises. The appellant argued that as a non-profit company registered under Section 25 of the Companies Act, 1956, the club is open only to its members or members of reciprocating clubs, and the recipients of services are not clients. The appellant cited judgments from the Hon'ble Calcutta High Court in the cases of Saturday Club Ltd. and Dalhousie Institute, where it was held that no service tax is attracted in services rendered by members' clubs. The Hon'ble High Court stated that in the absence of a transfer of property between the principal and agent, service tax cannot be imposed. It distinguished between a members' club and a proprietary club, emphasizing that a members' club allowing its own members to use the space for functions cannot be considered a mandap keeper. The judgments emphasized the principle of mutuality, stating that transactions within a members' club do not involve commercial elements or third parties. Therefore, the High Court quashed the proceedings against the club regarding service tax applicability. The Appellate Tribunal, following the judgments of the Hon'ble Calcutta High Court, allowed the appeal in favor of the appellant club, ruling that no service tax is attracted in letting out its space to members for functions.