2007 (4) TMI 80 - AT - Service Tax

Tour operator service Airport taxi operators cooperative society ltd. has been directed to collect service tax from all the drivers who ply their taxis under this society on the ground that they covered under Tour operator service Held that imposition of service tax on the taxi driver of society is not justified and set aside the order

Summary

Issues:
Interpretation of 'tour operator' for levy of Service Tax on taxi drivers under a Co-operative Society.

Analysis:
The appeal in question concerns the imposition of Service Tax on taxi drivers under a Co-operative Society, categorized as 'tour operators.' The Counsel argues that individual drivers, not the Society, receive taxi fares, and thus, the Society should not be liable for Service Tax. Citing the Usha Breco Ltd. case, it is contended that the statutory definition of 'tour' should not be artificially interpreted. The Tribunal's decision in the Usha Breco case, involving ropeway services, supports this argument by setting aside the levy of Service Tax. The JDR asserts that since the Co-operative Society comprises all drivers, they fall under the 'tour operator' definition, justifying the tax levy.

Upon careful review, it is noted that the Revenue failed to provide evidence of the Society collecting taxi fares for 'tour operator' services. The appellants demonstrated that individual taxi owners independently operate taxis from the Airport to customers' destinations, not constituting 'tour operator' services. The legal definition of 'tour operator' under Section 65 specifies engagement in operating tours in tourist vehicles. Consequently, taxi drivers transporting passengers from the Airport to destinations do not qualify as tour operators. Therefore, the imposition of Service Tax on drivers associated with the Co-operative Society is deemed unjustified. The impugned order is set aside, and the appeal is allowed.

This judgment underscores the critical distinction between individual taxi operations and 'tour operator' services under the law. The decision clarifies the legal interpretation of 'tour operator' for the purpose of levying Service Tax on taxi drivers associated with a Co-operative Society. It emphasizes the necessity of meeting the specific criteria outlined in the statutory definition to determine the applicability of Service Tax.