2012 (8) TMI 687 - AT - Service Tax

Management consultancy services - reimbursement Held that - Service rendered by them was in the nature of Public Relation Service and was not classifiable under the definition for Management Consultancy Service. This being the position. The tax paid by them prior to 1.5.2006 itself was not due - demand issued invoking extended period of time for demanding tax on amount received as reimbursable expenses in connection with such service is prima facie not maintainable

Summary

Issues:
1. Whether the Appellants were liable to pay service tax on reimbursed amounts for certain charges incurred during a specific period.
2. Whether the activities undertaken by the Appellants were correctly classified as "Management Consultancy Service" or "Public Relation Service."
3. Whether the Appellants are entitled to a waiver of pre-deposit of dues arising from the impugned order for admission of the appeal.

Issue 1:
The Revenue alleged that the Appellants were receiving reimbursement for charges like satellite town translation, intercity telephone calls, etc., from their clients during a specific period but were not including these reimbursed amounts in the value of services rendered by them for the purpose of paying service tax. Consequently, a show-cause notice was issued to recover the alleged short-paid service tax. The Appellants contended that they had paid service tax under the mistaken belief that their service fell under "Management Consultancy Service" before 1.5.2006. The Tribunal found that the service provided by the Appellants was more akin to "Public Relation Service" and not "Management Consultancy Service." Therefore, the demand for tax on reimbursable expenses was deemed prima facie not maintainable, and the Tribunal ruled in favor of the Appellants, waiving the pre-deposit requirement for the appeal.

Issue 2:
The Appellants argued that their activities were wrongly classified as "Management Consultancy Service" when they should have been categorized under "Public Relation Service." They requested a change in their registration certificate, which was subsequently accepted by the department. The Appellants maintained that they had been paying tax under "Public Relation Service" since 1.5.2006. The Revenue contended that the Appellants had not raised any classification issues during the relevant period and could not alter the classification retroactively. However, the Tribunal, after examining the contracts between the Appellants and their clients, concluded that the service provided was indeed in the nature of Public Relation Service and not Management Consultancy Service. Therefore, the tax paid by the Appellants before 1.5.2006 was considered unnecessary, and the demand for tax on reimbursable expenses was found to be not maintainable.

Issue 3:
Regarding the waiver of pre-deposit of dues for admission of the appeal, the Tribunal acknowledged the strong case in favor of the Appellants due to the misclassification of their service and the prima facie non-maintainability of the tax demand on reimbursable expenses. Consequently, the Tribunal granted the waiver of pre-deposit and ordered a stay on the collection of dues during the pendency of the appeal, allowing the Appellants to challenge the order without immediate financial burden.

This detailed analysis of the judgment highlights the key issues involved, the arguments presented by both parties, and the Tribunal's findings and decision on each issue, ensuring a comprehensive understanding of the legal aspects addressed in the case.