2004 (6) TMI 7 - AT - Service Tax

Service Tax Advertising Agency Respondent hired space and provided it to its client for advertisement

Summary

Issues:
1. Appeal against Order-in-Appeal by Commissioner of Central Excise, Kolkata.
2. Determination of liability to pay Service Tax for displaying advertisements in Metro Railway Coaches.

Analysis:
1. The appeal was filed by the Commissioner of Central Excise, Kolkata-V, challenging the Order-in-Appeal issued by the Commissioner (Appeal-I) of Central Excise, Kolkata, which had set aside the order of the Superintendent of Central Excise, Service Tax Cell, Kolkata-I. The case involved M/s. The Incoda, authorized by Metro Railway for advertisement services, who applied for Service Tax Registration as an "Advertiser" but later requested for cancellation, which was rejected by the Superintendent. The Commissioner (Appeals) of Central Excise, Kolkata, allowed the appeal filed by M/s. The Incoda, leading to the current appeal by the Revenue.

2. The main issue in this case was whether the act of displaying advertisements in Metro Railway Coaches constituted an activity of an Advertising Agency, thereby attracting liability to pay Service Tax. Citing a similar case before the Delhi Tribunal, where it was held that such activity did not fall under the definition of an advertising agency, the Tribunal in the present case found that the respondent had hired space in Metro Railway Coaches and provided it to clients for advertisement, akin to the case precedent. Consequently, the Tribunal dismissed the appeal filed by the Revenue, ruling that the activity did not merit the imposition of Service Tax.

In conclusion, the Tribunal upheld the decision of the Commissioner (Appeals) of Central Excise, Kolkata, and dismissed the appeal filed by the Revenue, based on the finding that the act of displaying advertisements in Metro Railway Coaches did not classify the respondent as an Advertising Agency liable to pay Service Tax, in line with the precedent set by a similar case before the Delhi Tribunal.