2012 (9) TMI 669 - AT - Service Tax

Services rendered for the common affluent treatment application which is erected and maintained by them for the industries in GIDC, Surat - liability confirmed on the ground that the appellant has provided the services of club or association services during the period April 2008 to March 2010 - Held that - Issue is now covered by Tribunal decision in case of Vapi Waste and Affluent Management Company, (2012 (8) TMI 816 - CESTAT, AHMEDABAD) wherein it was held that consequent upon amendment made by Notification No.1/2012-S.T., club or association service provided by an association in relation to a common facility set up for treatment and recycling effluent or solid waste is exempted from the service tax. This notification has been given retrospective effect by Section 145 of Finance Act, 2012 from June, 2005. Therefore appellant is squarely covered by the exemption Notification and the activities undertaken by them is not liable to service tax - Decided in favor of assessee.

Summary

Issues:
Waiver of pre-deposit of service tax liability for club or association services provided by the appellant from April 2008 to March 2010. Interpretation of charging service tax for services related to common affluent treatment application maintained by the appellant for industries in GIDC, Surat. Determination of financial assistance from State or Central Government for the appellant.

Analysis:
The Appellate Tribunal CESTAT, Ahmedabad considered two stay petitions seeking waiver of pre-deposit of service tax liability confirmed by the adjudicating authority and upheld by the first appellate authority. The issue at hand pertained to the appellant providing club or association services from April 2008 to March 2010. Upon hearing both sides, it was noted that the core issue revolved around the charging of service tax for services concerning the common affluent treatment application maintained by the appellant for industries in GIDC, Surat.

Upon reviewing the records, the Tribunal observed that the appeals could be disposed of due to a retrospective amendment introduced by the Finance Act, 2012 under Section 145. Consequently, the applications for waiver of pre-deposit were allowed, and the appeals were taken up for disposal. The appellant's counsel referenced a similar issue in the case of Vapi Waste and Affluent Management Company, where the Tribunal had relied on the retrospective amendment under Section 145 of the Finance Act, 2012, leading to the appeal's success.

The issue of whether the appellant had received financial assistance from the State or Central Government was raised. The appellant's counsel presented a pay order from the Industries Commissionerate of the Gujarat State Government, indicating that the State Government had provided financial support to the appellant for maintaining and managing the affluent treatment plan at GIDC, Surat. The Tribunal concurred with the counsel's arguments, highlighting the similarity of the case to the judgment in the Vapi Waste and Affluent Management Company matter concerning the levy of service tax under the same category.

Given that the issue was covered by the retrospective amendment and the Tribunal's previous decision in a related case, the impugned orders were deemed liable to be set aside. Consequently, the Tribunal set aside the impugned orders and allowed the appeals, as per the final order No. A/960/WZB/AHD/2012 dated 19.06.12. The judgment was dictated and pronounced in the Court by the Tribunal.